1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3187/2011 Parshuram Kisan Shelke. Applicant. V E R S U S The State of Maharashtra. Respondent. Mr. Niteen V. Gaware, Advocate for applicant. Mr. B.V.Wagh, A.P.P. for respondent .... CORAM : SHRIHARI P. DAVARE,J. DATE : 18th AUGUST, 2011. PER COURT : 1. Heard learned respective counsel for the parties. 2. This is an application preferred by the applicant, seeking Regular Bail, in connection with Crime No.I-125/2011, registered with Tophkhana Police Station, Ahmednagar for the offence punishable under sections 302, 2 201 r/w 34 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the statement made by one Dinesh Alkute, on 30.3.2011, in respect of the occurrence of the incident, on the same day. Said statement discloses that the victim Raju Suresh Dinde was assaulted by fist blows, leg kicks and even the complainant himself assaulted him by giving 4-5 blows of knife and when he fell on the ground in wounded condition, Kaka Shelke lifted a stone and threw on the head of the victim and thereby movement of his body were stopped and he expired on the spot. 4. The contents of said statement explicitly makes clear that role ascribed to the said applicant during the occurrence of the incident is that he caught hold to the victim Raju Dinde and not beyond that. Moreover, statement of witness namely Avinash Dinde who is brother of the victim, as well as statement of Suresh Vasantrao Dinde, who is father of victim Raju Dinde, are in tune with the statement of 3 complainant namely Dinesh Alkute. 5. However, learned A.P.P. pointed out that statement of eye witness namely Nishant Dhone discloses that applicant herein participated in the aforesaid occurrence of the incident and he assaulted victim by leg kicks and fist blows. 6. Learned Advocate for the applicant also submitted that statement of the complainant Dinesh Alkute on which First Information Report has been lodged, is nothing but short of confession and admission given by the said person would be limited to his extent and same shall not be used against the applicant herein, since said statement itself indicates the guilt of the maker thereof. To substantiate said contention, learned counsel for the applicant relied upon judicial pronouncement in the case of Central Bureau of Investigation Vs/ V.C.Shukla and others reported at 1998 DGLS (Cri.) Soft 674 equivalent 1998 Cr.R.O. 383. 7. Having comprehensive view of the matter, it appears that role ascribed to the applicant, in the occurrence 4 of the incident is that he caught hold of the victim Raju Suresh Dinde when the other co-accused assaulted him, and even considering the statement of witness Nishant Dhone, he might have assaulted victim by leg kicks and fist blows, but apparently, he has not used any weapon, during the occurrence of the incident and role ascribed to Kaka Shelke and complainant Dinesh Alkute is important and vital in the occurrence of incident. 8. Moreover, apparently, there is substance in the submission made by the learned advocate for the applicant that statement of Dinesh Alkute, on the basis of which complaint was lodged, is nothing but the short of confession and admission given by the said person would be limited to his extent and same shall not be used against those who are jointly tied with him, more particularly, against the applicant herein. 9. Besides, investigation has been completed and charge sheet has been filed and therefore, there is no propriety 5 in keeping the applicant in custody further more. However, to avoid apprehension that applicant would influence upon the witnesses and / or tamper with the evidence, direction can be given to the applicant, to reside outside city of Ahmednagar, till conclusion of the trial. 10. In the result, present application is allowed and applicant Parshuram Kisan Shelke be released on bail, on furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen thousand), with one surety in the like amount, on the following conditions:- i] The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner, what so ever, directly or indirectly. ii] The applicant shall reside outside city of Ahmednagar, till the conclusion of the trial, except for attending the trial. iii] The applicant shall report to in-charge of nearest Police station, where he shall reside, once in a MONTH. 6 11. Present application stands disposed of accordingly. These observations are the primafacie observations, may not be used in any other matter, being decided on merits. [ SHRIHARI P. DAVARE ] JUDGE aaa/- ***