1 BA-1810-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1810 OF 2011 Amol Jagannath More ... Applicant vs. The State of Maharashtra ... Respondent Shri A.P.Mundargi, Senior Counsel i/b. Shri Avinash Komkhedkar, Advocate, for the applicant. Shri Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 19th December,2011. P.C. 1. The applicant seeks bail in Crime No.42 of 2011 registered by Shivaji Nagar Police Station for the offences punishable under Sections 302, 143, 147, 148, 149 read with Section 120B of IPC. 2. According to prosecution, deceased Mauli Shinde had criminal record and was involved in serious offences like murder, rape, etc. and was externed from the City of Pune. Offences under Section 142 of the Bombay Police Act were also registered against him for breach of externment order. He had enmity with rival groups. On 23.2.2011, also said Mauli Shinde was at Pune. At about 7.30 p.m., he along with his cousin Ganesh Dattu Shinde, who is the first informant, left 2 BA-1810-11.sxw their house to meet their uncle. As per the FIR, as soon as they left their house and came in the open space near a flour mill (1) Shrinath @ Sheru Pardeshi, (2) Amol Pardeshi, (3) Amol Bodhde, (4)Ranjit Pardeshi, (5)Ganesh Pardesh, (6) Amol More, (7) Sambhaji Pardeshi, (8) Lokik Pardeshi and other four or five unknown persons came out from a lane with sharp weapons like Koita and pistols and rushed to Mauli Shinde. They attacked him with Koita and caused number of injuries to him. Amol Pardeshi also fired on Mauli Shinde from his pistol and thus he was killed. The applicant is Amol More, who is shown at Sr.No.6 in the FIR. In the statement of some other eye-winesses also his presence was shown among assailants. 3. The learned Counsel for the applicant pointed out that the incident occurred in the evening of 23.2.2011 and FIR was lodged immediately. The supplementary statement of first informant Ganesh Shinde was recorded on 25.2.2011 wherein he had specifically stated that Amol Pardeshi and Amol Bodhde and his two unknown companions had assaulted Mauli Shinde with Koita and Amol Pardeshi had also fired at Mauli from his pistol. He also stated that while Mauli was running away in injured condition, Amol Pardshi and Amol Bodhde were chasing him and at that time Amol Pardeshi was firing from his pistol. AS per the statement of one Ganesh Mohite, who was not an eye-witness, 3 BA-1810-11.sxw Ganesh Shinde had informed him about the incident and there also he had stated that story as revealed in his supplementary statement of 25.2.2011. The learned Counsel pointed out that in the supplementary statement, while name of present applicant Amol More was shown among the total 12 – 13 person who had come there, no role was attributed to him about the actual assault. In the supplementary statement, Ganesh Shinde had stated that Amol Pardeshi and Amol More were not allowing other people to intervene and were instigating to finish Mauli. The learned Counsel also pointed out that there are number of other witnesses who did not attribute any role to the present applicant in the same incident, though he is shown among the said assailants. He also pointed out that no weapon or blood stained clothes were seized from the accused. The learned APP pointed out that clothes from the applicant Amol More were seized, but no blood stain was found on the same. He concedes that no weapon of offence was recovered from him. 4. In view of the material noted above, in my opinion, merely because he was present along with assailants, bail cannot be refused to him. 5. Therefore, the applicant be released on his executing P.R. of Rs. 50,000/- with two solvent sureties to make up the amount with condition that he shall not tamper with the prosecution evidence and shall attend Shivaji Nagar 4 BA-1810-11.sxw Police Station, Pune, on every Monday between 5 to 7 p.m. till end of the trial. (J.H.BHATIA,J.)