(1) Cri. Application No. 3805 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3805 of 2011 Govind @ Gina Mithya Thakare, Age : 36 years, Occupation : Labour, R/o. Nimbardi, Taluka : Shahada, District : Nandurbar. .. Applicant. versus The State of Maharashtra. .. Respondent. ....................... Mr. R.S. Shinde, Advocate, holding for Mr. A.G. Magare, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 27TH SEPTEMBER 2011 COURT'S ORDER : 1. Perused the investigation papers and heard learned respective Counsel for the parties, finally. (2) Cri. Application No. 3805 of 2011 2. This is an application preferred by the applicant seeking regular bail in connection with Crime No. 30/2010 (Sessions Case No. 43/2011, pending before Additional Sessions Judge, Shahada (District : Nandurbar)), registered at Police Station, Dhadgaon (District : Nandurbar), for the offences punishable under Sections 143, 147, 302, 201, read with Section 149 of Indian Penal Code. 3. It appears that the crime was registered on the basis of the complaint lodged by one Mahendra s/o. Madhavrao Patil, on 20th April 2010, with Dhadgaon Police Station, and on the basis of the said complaint, offence was registered against 12 persons, and the applicant was shown as absconding accused. Thereafter, charge sheet was filed against 12 accused persons showing the present applicant absconding and the said 12 accused persons were tried under Sessions Case No. 34/2010, by the learned Additional Sessions Judge, Shahada, for the offences punishable under Sections 302, 143, 147, 201, read with Section 149 of Indian Penal Code, and they were acquitted by the said court by judgment and order dated 31st January 2011. 4. According to the applicant, he was shown absconding and when he came to know about the prosecution case, he (3) Cri. Application No. 3805 of 2011 himself surrendered before the concerned court on 3rd July 2011, and he is in judicial custody presently. According to the learned Counsel for the applicant, supplementary charge sheet has been filed on 4-7-2011 against the applicant and case is also committed to the Court of Sessions at Shahada, under Sessions Case No. 43/2011, and the said matter is pending for framing of charge. 5. It is the contention of the applicant, that he has no concern with the alleged crime since he was residing at village Nimbardi (Taluka : Shahada, District : Nandurbar), and the alleged offence took place at village Mandvi (Taluka : Dhadgaon, District : Nandurbar), and after getting knowledge of the present case, he surrendered before the concerned court. 6. Apart from that, since the applicant surrendered himself before the court and since he is in judicial custody presently, and since other co-accused persons have been acquitted by the learned Additional Sessions Judge, Shahada, by judgment and order dated 31st January 2011, and since apparently, there are no criminal antecedents against the applicant, he deserves to be enlarged on bail during pendency of the said trial, but on stringent conditions. (4) Cri. Application No. 3805 of 2011 7. Besides, learned Counsel for the applicant canvassed that the applicant owns / possesses landed property and produced photostat copies of the said properties, and same are taken on record and marked as document "X" collectively. Thus, it is apparent that the applicant has roots in the society and his presence can be ensured for trial, and hence, he deserves to be enlarged on bail during the pendency of aforesaid Sessions Case No. 43/2011, on certain conditions. 8. In the result, present Criminal Application is allowed, and it is directed that the applicant, namely, Govind @ Gina Mithya Thakare, be released on bail, in connection with Crime No. 30/2010 (Sessions Case No. 43/2011, pending before Additional Sessions Judge, Shahada (District : Nandurbar)), registered at Police Station, Dhadgaon (District : Nandurbar), on furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on the following conditions : (i) After release on bail, the applicant shall attend the dates of the Sessions Case No. 43/2011 regularly and punctually. (ii) Applicant shall give attendance before in-charge of Dhadgaon Police Station, once in a month i.e. on first Monday of each month, till disposal of Sessions Case No. 43/2011, and (5) Cri. Application No. 3805 of 2011 (iii) Applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9. Present Criminal Application stands disposed of finally. 10. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3805