1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1652 OF 2010 Nitin Adinath Waghmare )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. P. G. Sarda i/by M. B. Zanwar for the applicant. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 26 th April, 2010 PC 1 This is an application for grant of regular bail. The applicant has been arrested on 9.1.2009 in connection with C.R.No.22 of 2009 registered by the Bhosari Police station, Pune for alleged offences under Sections 143, 147, 148,149, 302, 324, 342, 364, 368 & 506(2) of IPC. The deceased is one Sunil Gaikwad. There are nine accused in this case. The incident is said to have taken place on 2.12.2008 and is allegedly witnessed by the complainant Navnath Jadhav. The FIR was however filed after one month and 7 days later. In so far as present applicant is concerned, he is said to have hit the deceased on his head with the cricket bat when the co-accused by name Gotya Dhavde who is said to be a gang leader was present. On 25.3.2009 police have recorded the statement of Deva Thakur who talked about head injury being caused to the deceased when he fell down while running away. This witness states that after the arrival of Gotya Dhavde no incident took place. Seven of the accused have been granted bail particularly in view of the fact that FIR has been filed after one month and 7 days of the incident. The present applicant is in the 2 custody for about one year and 3 months. In the above circumstances, I am inclined to grant bail. It is therefore, directed that pending his trial in connection with C.R.No. 22/2009 registered by Bhosari police station, the applicant may be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he reports to the Investigating officer once a fortnight on 1st and 3rd Mondays of every month till the disposal of the trial and subject to further condition that he will not tamper with the witnesses and will remain present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3