1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2958 OF 2010 Sambhaji Narsappa Bondage, age 65 years, occ. Agriculture, r/o Ekurga, Tal. Omerga, Dist. Osmanabad. ...Applicant VERSUS The State of Maharashtra, In charge Police Station Omerga, Dist. Osmanabad. ...Respondent ..... Shri V.D.Sapkal, advocate for the applicant Shri K.M.Suryawanshi, A.P.P. for the respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 8 th September, 2010 PER COURT : 1 Heard Shri V.D.Sapkal, advocate for the applicant and Shri K.M.Suryawanshi, A.P.P. for the respondent. 2 2 This is an application preferred by the applicant seeking bail in connection with C.R. No. 51 of 2010, registered with Omerga police station for the offences punishable under Sections 307, 341, 323, 504, 506 r/w 34 of the Indian Penal Code, since the applicant was reportedly arrested thereunder on 9.4.2010 and is in judicial custody presently. 3 Admittedly, the applicant had preferred the Application for bail bearing Criminal Application No. 1658 of 2010 earlier before this court, but same was dismissed by this court by order passed on 6.5.2010, since the investigation was under progress and same was not completed and also for the reasons stated therein. Accordingly, it is stated across the Bar by the learned counsel for the parties that the investigation has been completed and charge sheet has been filed before the learned Court on 3.7.2010. Thereafter, the applicant preferred the application for bail before the learned Additional Sessions Judge, but same also came to be rejected on 16.7.2010. Hence, the applicant has approached to this court by way of present application seeking bail as afore stated. 4 It is canvassed by the learned counsel for the applicant that the investigation has been completed and charge sheet has 3 been filed, and therefore, the parameters to be applied for the present application are different from the parameters applied while deciding the earlier application for bail. It is also submitted by the learned counsel for the applicant that the applicant is of 65 years old and is in custody since 9.4.2010 and he is the Karta of the family, and therefore, his application for bail deserves to be considered sympathetically. 5 Learned counsel for the applicant further submitted that since the charge sheet has been filed, there is no possibility of tampering of evidence, and learned counsel for the applicant, therefore, urged that the applicant be enlarged on bail. 6 Learned Additional Public Prosecutor opposed the present application and submitted that although investigation has been completed and charge sheet has been filed, there is no change in the circumstances and there are serious allegations against the applicant, and therefore, considering the serious nature of the offences and the role attributed to the applicant in the alleged offences, the applicant is not entitled to be released on bail, and hence, present application deserves to be rejected. 4 7 Considering the rival submissions, admittedly the role attributed to the applicant during the course of the incident and the injuries sustained by the victim, as disclosed in the injury certificate, apparently correlate with each other, but ultimately it is a matter of appreciation of evidence, which can be done at the time of trial. What is to be seen, now after filing of the charge sheet, is the availability of the applicant for trial and his presence is required to be ensured for trial, and till then, the possibility of tempering of evidence and/or influencing upon the witnesses is required to be avoided. Simultaneously, the age of the applicant, which is stated of 65 years, also cannot be overlooked. Hence, considering the said aspects, the applicant is entitled to be enlarged on bail, but by imposing certain conditions upon him. 8 In the result, Criminal Application No. 2958 of 2010 is allowed and it is directed that the applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the following conditions. (i) After release on bail, the applicant shall not reside in the village, namely Ekurga, Taluka Omerga, District Osmanabad, till disposal of the trial. However, if trial is not completed within the 5 reasonable time i.e. within one year, the applicant shall be at liberty to apply for the change in the said condition. (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly or indirectly. (iii) The applicant shall give attendance before the Incharge of concerned police station once in a quarter till the commencement of the trial. 9 The present Criminal Application is disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap2958.10