1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application No. 1182/2010 Wasudeo s/o Laxman Bhandarkar Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. K. S. Motwani, Adv. for the applicant. Mr. Bhagde, APP for the respondent. C ORAM : A. P. BHANGALE, J. DATED : 9th SEPTEMBER, 2010. 1] Heard. 2] Learned Advocate for the applicant submitted that the applicant is aged 70 years and the role attributed to him in the alleged crime is that he had beaten Raghunath (deceased) and on account of severe beating, Raghunath sustained serious injuries. Learned Advocate for the applicant took strong objection to the wrong statement made in the reply filed by the respondent-State that there is also recovery of stick from the applicant. In view of this statement, I have made specific query to learned A. P. P. as to whether there is recovery of stick from the applicant. Learned APP admits that there is no memorandum statement at the instance of applicant Wasudeo after going through the material collected during the investigation. While objecting grant of bail in such serious case, involving alleged offence of a murder learned A. P. P. ought to 2 have taken care before making such bold statement as to recovery of stick from the applicant. 3] For all these reasons, I am inclined to grant bail in favour of the applicant considering that he is of advanced age and no material is against him to show that weapon was recovered at the instance of the applicant-accused. It may also be an incident arising out of domestic quarrel without any malice afterthought to commit murder. Be that as it may, it is for the trial Court to appreciate evidence which may be led in the trial. At this stage, it appears that case for grant of bail is made out in favour of the applicant. Hence, the following order:- The applicant be released in Crime No. 60/2009 on bail upon executing PR bond in the sum of Rs. 30,000/- with two or more sureties in the like amount provided further (i)he shall attend the trial on each date of hearing, (ii) the applicant shall not commit any crime while on bail, (iii) the applicant shall not give any threats to the prosecution witnesses, (iv) the applicant shall inform his fixed address with mobile/cell phone number if any to the Investigation Officer as well as the trial Court and change in address shall be communicated to the Investigating Officer as well as the trial Court. Application stands disposed of. JUDGE Ambulkar.