1 1 1 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.4190 OF 2008 Bhushan Dattatray Gunjal .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi with Mr.A.D.Kamkhedkar for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH DECEMBER, 2008. DATED : 18TH DECEMBER, 2008. DATED : 18TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.29 of 2008 of Ghodegaon police station, Dist.Pune. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC. 3. It is the prosecution case that on 17.6.2008 at 8.30 pm the applicant and the co-accused allegedly killed the deceased - Sanjay Kalambe. There is no eye witness to the incident. I have perused the complaint and the statements of Yashwant Maruti Rabale and Kamal 2 2 2 Vasant Nalvade. From the statement of the complainant - Sunil Kalambe and the statement of Yashwant Rabale it appears that on 17.6.2008 in the morning at about 10.30 am there was an incident of quarrel. The group of drivers were standing at a particular place when the deceased who was armed with iron rod was quarrelling with other drivers stating that the outside drivers should not be allowed to ply hired vehicles which the said group of drivers were plying for their owners. After that incident got over, sometime in the afternoon there again was quarrel between the deceased and some third person in the Beer Bar. Thereafter on the very same day in the evening around 6.00 - 6.30 pm again there was quarrel between the deceased and some third person and in the schuffle the shirt of the deceased got torn. Since the shirt of the deceased was torn the applicant, co-accused and the deceased were proceeding towards his house to change his shirt, but on their way to the house, the deceased dropped them and again joined their company after changing the shirt at about 8.30 pm. It is alleged that thereafter the incident of assault occured in which the deceased was beaten mercilessly and was killed on the spot. At the time of the morning incident at 10.30 and the evening incident at 6.30 the applicant and the co-accused were present and they were seen together by several witnesses. 3 3 3 4. I have perused the statement of Yashwant Rabale. It appears that after the alleged incident the present applicant went to Yashwant Rabale that night and he slept in his house. Early in the morning Yashwant Rabale saw the blood stains on the clothes of the applicant and asked him as to what happended. The applicant told Yashwant Rabale that there was a quarrel between the deceased and the co-accused in which the co-accused assaulted the deceased with stone and killed him. The applicant further informed him that during that assault the blood got sprinkled on his clothes. Yashwant Rabale told the accused to go to police station and inform them about the incident. I have also perused the statement of Kamal Nalvade. She has also stated that the applicant went to the police station with his mother. It is in this backdrop Mr.Mundargi submitted that the applicant has done nothing except the fact that he was present at the scene of offence when the alleged incident occured. Keeping the submission of Mr.Mundargi in view and considering overall facts and circumstances of the case and the statements of the aforementioned witnesses I am inclined to enlarge the applicant on bail on conditions. Hence the following order: . The applicant to be released on bail in the 4 4 4 sum of Rs.35,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Wednesday and Saturday between 7 and 8 pm for a period of three months and thereafter on every Saturday between 7 and 8 pm till conclusion of the trial. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)