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.3864 OF 2008 Laxmikant Baburao Galphade .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.M.B.Zanwar 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 : 3rd December, 2008. DATED : 3rd December, 2008. DATED : 3rd 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.182 of 2008 of Bhosari police station, Pune. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 302, 143, 147, 148, 149, 307, 504 of IPC. 3. It is the prosecution case that on 7.5.2008 all the accused including Datta Lonkar and Sanjay Jadhav, who were armed with sharp edged weapons, assaulted the deceased ruthlessly and committed his murder. Insofar as the applicant is concerned he allegedly assaulted the deceased with stones. 2 2 2 The applicant is not named either by the complainant or by any other eye witnesses. The only circumstance relied upon by the prosecution to connect the present applicant with the alleged offence is an attachment of the blood stain clothes of the applicant showing blood group ‘AB’. The learned A.P.P., however, has not placed on record C.A. report showing the blood group of the deceased. Keeping that in view and considering overall facts and circumstances of the case I am inclined to enlarge the applicant on bail. Hence the following order: . The applicant to be released on bail in the sum of Rs.35,000/- with one or two sureties of the like amount subject to condition that the applicant shall not enter the jurisdiction of the Bhosari police station till conclusion of the trial, except as and when called by the said police station. The applicant shall inform his address to the concerned police station and shall report to the nearest police station from the place of his residence, where he proposes to stay during this period, on every Wednesday and Saturday between 7 and 8 pm for a period of six months and thereafter on every Saturday till conclusion of the trial. 3 3 3 . 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.)