1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1966/2010 (Kiran s/o Bhaskarrao Wankhade .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Daga, Advocate for applicant, Mr. P.V. Bhoyar, APP for respondent. .......... CORAM : P.D. KODE, J DATED : JANUARY 19, 2011 Heard. The applicant/accused chargesheeted by Chikhaldara Police Station in connection with Crime No. 56/2009 registered with the said Police Station on 16.8.2009 for offence under Sections 147, 148, 302, 307, 323, 341, 504, 506 r/w 149 of the Indian Penal Code, has prayed for bail. The said crime was registered upon the first information report lodged by one of the injured namely Shyam Bhaurao Jawanjad regarding the incident which had occurred on 15.8.2009 at about 20.00 hours in which seven persons travelling in Tavera vehicle had intercepted the Maruti Van in which the deceased Vikas 2 Neware, first informant and five more persons were travelling. The said incident had occurred on the count of overtaking within the vehicles during the course of journey. The material part of the said first information reveals that after Maruti Van was intercepted, the seven persons travelling in Tavera vehicle had alighted and rushed towards Maruti Van and abused the inmates. Thereafter, three persons out of the said seven persons has taken out Gupti and had attacked Milind and the deceased by means of the same. Some more person is also said to have sustained injury during the incident. The learned counsel for the applicant urged that all the other inmates of the said Tavera vehicle has been already released upon bail. It is urged that the applicant has been denied the bail on the count of himself being identified in test identification parade held on 7.11.2009. It is urged that even accepting the material contained in the said parade panchanama and the other material in the chargesheet, hardly there exist any material showing involvement of the applicant in commission of offence punishable with death/imprisonment for life. It is urged that though identifying witnesses had identified the applicant in test identification parade, they had not mentioned that applicant was from said three persons who had assaulted Milind and deceased Vikas by means of Gupti. The learned counsel for the applicant further urged that beyond the said material there is hardly any material of nature of either seizure or otherwise at the behest of the applicant, linking him with assault made upon the 3 victims during the incident. It is thus prayed that the applicant deserves to be enlarged on bail. The application is opposed by the learned APP by stating that the presence of applicant during incident is not only based upon his identification made by identifying witnesses in test identification parade but is also guaranteed by the another fact that he is the son of the owner of said Tavera vehicle. The learned APP also objected for grant of bail on the ground of one more accused being absconding. It is urged that the applicant is the main accused and there being material showing his involvement in the crime, he should not be enlarged on bail. After perusing the material in the chargesheet and particularly having regard to the fact that seven persons were travelling by the Tavera vehicle and out of them only three persons have assaulted the inmates of Maruti Van by means of weapon and the applicant being not identified by the identifying witnesses as being one of the said assailants, there being no other material pointed by the learned APP linking him with crime for commission of offence punishable with death and imprisonment of life, the discretion deserves to be exercised in favour of grant of bail to him. The applicant is directed to be released on bail in connection with Crime No.56/2009 of Police Station, Chikhaldara for offence under Sections 147, 148, 302, 307, 323, 341, 504, 506 r/w 149 of the Indian 4 Penal Code upon furnishing P.R. Bond in the sum of Rs. 1,00,000/- (Rs. One Lac only) with two solvent sureties in like amount subject to the conditions that applicant - (i) shall attend the Yavatmal City Police Station in between 11.00 am to 2.00 pm on every day for a period of 15 days and, thereafter, on every alternate day for next 15 days and, thereafter, on every Monday until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande