IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.473 OF 2008 CRIMINAL APPLICATION NO.473 OF 2008 CRIMINAL APPLICATION NO.473 OF 2008 Arjun Shankar Shelke ..Applicant versus The State of Maharashtra ..Respondent Mrs Kakade for the Applicant Mr.Dedhia for the State CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 24th April, 2008. DATED : 24th April, 2008. DATED : 24th April, 2008. P.C. 1. The applicant is arrested in C.R.No. 474 of 2007 of Nigdi Police Station under Section 302 r/w. 34 of I.P.C. The incident has taken place on 26.10.2007 and the FIR is filed by one Mr. Nanda wherein names of three persons namely Dada More, Sunny More and Sambhaji have been mentioned as the perpitrators of the crime. After lodging of the FIR further statement of Nanda is recorded on 29.10.2007 i.e. after about four days wherein the name of the present applicant figures as one of the assailant. Same is the position so far as other persons. They have rendered statement against the principal accused as well as the present applicant. It is peculiar to know that Babloo mentioned in his -2- statement dated 26.10.2007 the names of the three persons mentioned above and further mentioned that two to three persons were also present in addition to the three persons already named. At this stage, he does not specificaly name the present applicant and at a later point of time he names the applicant. If the persons who have rendered statement knew the present applicant by his first name as well as surname, it is difficult to know as to why the name of the present applicant was not incorporated in the first statement, if it is case of the person giving statement that the present applicant was involved in the occurence was true. 2. Considering the aforesaid discussion, I am inclined to observe that the material placed before the Court so far as the case of present applicant by way of further statement is of a weak nature. Though the applicant is alleged to have committed offence punishable under Section 302 of I.P.C. he has made out a case for bail. Ofcourse he will have to be released on certain terms and conditions. Hence, the Order: ORDER -3- i) Applicant is granted bail in C.R.No.474 of 2007 of Nigdi Police Station. It is hereby ordered that the applicant be released on bail in the sum of Rs.20,000/- ( Rupees Twenty Thousand Only) with one surety in the like amount. ii) The applicant to execute P.R.Bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only). iii) Applicant to report to Nigdi Police Station on every second and fourth Monday between 11.00 a.m. to 5.00 p.m. till the end of the trial. . Bail application is disposed of accordingly. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)