abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3852 OF 2007 Kundalik Vithal Gavade .. Applicant V/s The State of Maharashtra .. Respondent Mr.S.S. Salunke for the applicant. Ms.Rajeshree M. Ghadvi, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 15TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with a crime bearing C.R. No.369/2007 registered with Mohol Taluka Police Station, Solapur for the offence punishable under section 302 read with 34 of the Indian Penal Code. 3. The prosecution case in short is that the deceased had illicit relationship with one widow Suman Prabhu Garande. The present applicant is her brother. - 2 - Son of Suman Garande, i.e. Anil, did not like the applicant having illicit relationship with his mother. Anil therefore called the deceased for some work to his house and committed the murder. 4. Admittedly, there is no eye witness to the murder. Body of the deceased was discovered several days after the deceased disappeared. In the complaint, the son of the deceased has stated that the murder was caused by Anil with the help of 4-5 persons, one of whom was the applicant. 5. The applicant had previously made an application for bail to the Sessions Court . Vide its order dated 3rd November 2007, the Sessions Court rejected the said application on two grounds, namely (i) that the investigation was going on, and (ii) there was strong evidence against the applicant. On my query, the learned A.P.P. was unable to point out any strong evidence available against the applicant. Except for the statement made by the son of the deceased implicating the applicant, threats no other evidence. All other accused including Anil, who is the principal accused, have been released on bail by the Sessions Court by separate orders. Anil was released on bail by the Sessions Court vide its order dated 17th December 2007. - 3 - 6. Taking into consideration the fact that there is no eye witness and also that there is no evidence positively connecting the applicant to the crime and also taking into consideration that the main accused, namely Anil, and other accused have been granted bail by the Sessions Court, in my view, the applicant is entitled to the pre-arrest bail. Hence, I pass the following order. ORDER ORDER ORDER In the event of the arrest of the applicant in connection with the offence mentioned above, he shall be released on bail on executing personal bond of Rs.30,000/- with two sureties in the like amount subject to the following conditions:- (a) The applicant shall attend the concerned police station on every alternate day between 5.00 and 7.00 p.m. for a period of 30 days and thereafter shall attend the said police station once a week on every Monday between 5.00 and 7.00 p.m. till the filing of the charge sheet or expiry of 90 days from today. (b) The applicant shall not make any inducement or give threats to any of the prosecution witnesses nor he - 4 - shall tamper with the prosecution evidence. (c) This order shall come to an end after the charge sheet is filed whereupon the applicant may apply for regular bail before the regular court. (D.G. KARNIK, J.)