1 Cri-A-5330-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5330 OF 2010 Mr. Sanjay Vasant Sarfare ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Pankaj Kavale,Advocate, for the applicant. Mrs. P.P.Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th February, 2011. P.C. 1. Leave to amend the surname. 2. The applicant seeks to be released on bail in Crime No.237/2009 registered at Vartak Nagar Police Station for the offences under Section 302 read with Section 149 and 120B of IPC and several other sections of IPC. 3. According to prosecution, accused No.1 Ramanna and his maternal uncle accused No.2 hatched a conspiracy to remove all the occupants of the building developed by Pandurang @ Vishal Khutwad. As per the conspiracy, on 11.8.2009 at about 1.15 a.m., 7 - 8 persons knocked the door of the house of the first informant Reshma Bidkar. After the door was opened by her husband, 7 - 8 2 Cri-A-5330-10.sxw persons armed with sticks and bamboos entered into the house. One of them was armed with a revolver. Those people assaulted Pramod, husband of the first informant, with sticks and bamboos and caused several injuries due to which he died. The assailants were unknown to the first informant. The applicant was arrested on 29.8.2009, initially in a case under the Bombay Police Act and on 31.8.2009, he was arrested in the present case by transfer. Even though he is in custody for last more than 17 months and even though charge-sheet was filed, T.I. parade was never held for this applicant. There was no recovery from him. The learned APP contended that one of the witnesses Nilesh Jadhav could gather that one of the assailants was Sanjay on the basis of the talk among the culprits in the vehicle by which he was also travelling. It shows that Nilesh was also not acquainted with the present applicant. No material is collected to show that said Nilesh referred the present applicant as Sanjay. Trial has not yet commenced. 4. In view of the above, the applicant be released on his executing P.R. of Rs.20,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend the Police Station on every Sunday between 10 a.m. and 1 p.m. till the end of the trial. (J.H.BHATIA,J.)