1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2599 OF 2009 Adhik Pandurang Patil .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.P.J.Thorat for the applicant. Mr.S.S.Pednekar A.P.P. for the State. Mr.U.B.Nighot for the original complainant. Coram: D.B. BHOSALE, J. Dated : 8TH JULY, 2009 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.46 of 2008 of Shirala police station, District Sangli. The crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 302, 120(B) r/w 34 of IPC and under section 3 r/w 25, 27 and 35 of Indian Arms Act. 3. It is the prosecution case that the accused persons committed murder of Babaso Patil on 24.11.2008 at 3.30 pm on account of quarrel between the father of deceased and the main accused - Subhash Bapu Patil. Insofar as the applicant is concerned, it appears that he was with Subhash Patil when the incident of quarrel took place on 23.11.2008. Admittedly, on 2 24.11.2008 when the deceased was killed, the applicant was not present. There was no reason for the applicant to kill the deceased. Merely because he was with Subhash Patil on the earlier day when the quarrel took place between Subhash Bapu Patil and the father of deceased, Mr.Thorat, learned counsel for the applicant submitted, he cannot be stated to have any connection with the incident of murder. Having considered overall facts and circumstances of the case and that the applicant was not even present at the time of the incident of murder and that he had no reason to kill the deceased, I am inclined to enlarge him on bail. Hence the following order: Applicant be released on bail in the sum of Rs.10,000/- with two sureties to make up the said amount, subject to the condition that the applicant shall report to the concerned police station on every Wednesday and Saturday between 6 pm and 7 pm for a period of four months and thereafter on every Saturday between 6 pm and 7 pm till conclusion of the trial. 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 uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)