1 BA 354-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.354 OF 2011 Vivek S/o. Jaywant Patil ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.P.Mundargi,Sr.Counselwith Mr.A.M.Saraogi, for the Applicant Ms Alpa T. Javeri, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 3RD MAY, 2011 P.C. . This is an application for bail by one Vivek Jaywant Patil, who is arrested in connection with C.R.No.I-70 of 2010 for the offence punishable under Sections 302, 143, 147, 148, 149, 326, 504 & 506 of the Indian Penal Code registered with Ulhas Nagar Police Station and who along with 9 others had participated in an assault which led to the death of Gotiram Gulab Patil. It seems that Gotiram had himself gone to the applicant's 2 BA 354-2011 hotel at 9:30 p.m. presumably in order to reason with the applicant's family members about some earlier dispute. At that time co- accused Shivaji Jaywant Patil is alleged to have hit the first informant Jitendra Bhagwan Patil as also said Gotiram. It was stated that other co-accused were armed with wooden sticks which were used in assaulting the victim. The applicant is alleged to be armed with an iron rod which was subsequently seized in course of investigation. The rod, however, does not have any stains of blood as can be seen from the report of Forensic Science Laboratory. Considering that no specific role is attributed to the applicant and since he is in custody for almost one year in a case in which investigation is over and charge sheet has been filed, further detention of applicant may not be necessary as he will available for trial and is unlikely to tamper with the prosecution evidence. 3 BA 354-2011 2. In view of this, Application is allowed. Applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that the applicant shall attend Ulhas Nagar Crime Branch on every Sunday between 10:00 a.m. to 1:00 p.m. till the trial is over. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)