1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3919 of 2008 (Sanjay Motiram Meshram v. State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.M. Daga, Advocate for Applicant. Shri P.D. Kothari, APP for Non-Applicant. CORAM : R.C. Chavan, J. DATE : 12th January, 2009 This is an application for bail by the applicant, who had engaged the services of the other accused for commiting a murder of Ramdas Kapse. The other co-accused have been bailed out. On behalf of the prosecution, it has been stated that the case of the co-accused, who have been released on bail, is not exactly identical with the case of the present applicant, since the present applicant had allegedly paid a sum of Rs.70,000/- to accused No.1 Sanjay. This is based on a confessional statement of accused No.1 Sanjay before police. It is again strange that according to the first reply filed by the prosecution, it has been stated that the applicant had taken a loan of Rs.71,000/- from the deceased and the deceased was insisting upon repayment of loan. If that was so, it is not clear as to why the applicant would spend a sum of Rs.70,000/- for causing the money lender to be murdered. In any case, this 2 aspect has to be dealt with at the trial. Considering that the other accused had played an active role in the case unlike that of the present applicant and that they have been bailed out, the applicant be released on bail on his furnishing a PR bond of Rs.25,000/- with a solvent surety in the like amount on the condition that he shall attend the Police Station concerned on every Sunday at 10 a.m. till the trial is over. It is made clear that the learned Trial Judge shall not be influenced by the observations made in this order while dealing with the case at the trial. The application is disposed of. JUDGE pdl