BA-641-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.641 OF 2011 Rushikesh Gajanan Patil ... Applicant V/s. The State of Maharashtra, Thru’ Mulund Police Station, Mumbai. ... Respondent Mr. M.K. Kocharekar, i/b. Mr. Praneet Kumar Maske, for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 20 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. The Applicant, it is alleged, with the help of the other five accused in this case, committed murder of his cousin grand-father one Gopal Hari Patil and grand- mother Smt. Kashibai. The Applicant’s previous application for bail was rejected by this Court (Criminal Application No.2066 of 2010, decided on 29th April, 2010) (Coram : R.S. Mohite, J.). Now the prayer for bail is renewed on the ground that there has been a change in the circumstances, in as much as, the co-accused, who are, according to the prosecution, the actual assailants, have been thereafter released on bail. 4. Upon going through the Charge-Sheet, it is clear that the case of the prosecution against the Applicant is that he wanted to commit theft/robbery in the BA-641-11.sxw 2 Dixit house of the said Gopal Patil. It also appears that he had made a number of attempts to commit such theft or robbery in the past also. It, however, does not appear that the Applicant had hatched any conspiracy with any other accused for murdering the said Gopal Patil and his wife. This is clear from the statements recorded during investigation itself. 5. Moreover, the contention of Mr. Kocharekar, the learned Advocate for the Applicant, that the accused, who had allegedly taken part in the actual assault, have been released on bail by this Court, appears to be correct (Criminal Application No.3063 of 2010, decided on 8th July, 2010) (Coram : A.R. Joshi, J.). 6. The Applicant is a young person of 22 years. He is in custody since 3rd December, 2009. The trial has not yet commenced. 7. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail. 8. The Bail Application is allowed. 9. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount. [A.M. THIPSAY, J.]