..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3039 OF 2008 Shivkumar Mahavir Singh. ..Applicant. Versus Versus Versus State of Maharashtra ..Respondent. .... Ms.Asha Shah, Adv. for the applicant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 11th September, 2008. DATED : 11th September, 2008. DATED : 11th September, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.486 of 2007 of Rabale Police Station. The said case is under Section 302 of IPC. 3. It is not the prosecution case that the applicant had actually taken part in the incident. There is no recovery at his instance. The prosecution is relying on the fact that Zuber @ Sadik Bengali was arrested from the house of the applicant. 4. At that time one pistol was found with Zuber . One mobile phone used by Zuber @ Sadik ..(2).. Bengali and some SIM cards also came to be seized from the bag of co-accused Zuber @ Sadik Bengali. Thus, it is the prosecution case that the applicant had close-link with Zuber @ Sadik Bengali and he has given shelter to Zuber @ Sadik Bengali in his house. Besides the present case no antecedents have been pointed out in respect of the applicant. Even taking the prosecution case as it is, it is seen that it is not the prosecution case that the applicant had actually taken part in the incident. Hence, I am inclined to grant bail to the applicant. 5. The applicant - Shivkumar Mahavir Singh to be released on bail in the sum of Rs.40,000/- with one or two sureties to make up the said amount. The applicant shall report to Rabale Police Station once in a week, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)