1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 3090/2009 (Praful Jagdish Nakashe vs. The State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. R M Daga Adv.for applicant Mr D.P.Thakare APP for Respondent-State C ORAM : A.P. BHANGALE, J. DATED : 1 st September, 2009. Heard learned counsel for the respective parties, at length. 2. The applicant is seeking grant of bail in connection with Cr.No. 4/2009 reported at Ramnagar Police Station, Gondia, for offence punishable under sections 147,148,302, 452 read with section 149 of the Indian Penal Code and Sections 3 and 5 of the Indian Arms Act. It is the contention of the learned Advocate for the applicant that although accusations are serious in this case, the material collected during the investigation including supplementary statement of first informant- Nalini w/o Shakti @ Guddu did state that the present applicant had, in fact, on the date of the incident between 11.00 and 11.15 p.m., had brought the deceased to his house after his medical treatment as also after dinner and medicines were taken by Guddu, the applicant had left the house. Witness Pushpakala also stated that after medical treatment of Guddu, Praful ( the present applicant) along with one Babba, had brought back Guddu. Guddu had taken dinner as well as medicines. When Guddu slept, they left the house. It appears the case of the prosecution that after the applicant and Babba left, one Nikki Gedam had come he had some talk with Guddu and he had taken Guddu out of the house. Under these circumstances, merely because bloodstains were found on the clothes of the present applicant, that by itself could not implicate the applicant in 2 the offence of murder, punishable u/s 302 IPC. The statements also indicated that in the meeting at Police Station which was meant for maintenance of peace in the area - Praful, the present applicant, was very much present. The reference to this effect in the statement of alleged eye witnesses in respect of role of the applicant, probability of his conviction for offence punishable u/s 302 IPC read with sec. 149 etc. appears remote. Learned APP contended that initially in the FIR, the applicant was implicated and that under Panchnama, three blood-stains were found on his clothes so as to involve him in the offence in question. Considering these submissions at the Bar, it does appear, according to statement of witnesses Pushpakala and supplementary statement of Nalini, that Praful the present applicant, had in fact brought back Guddu to his hosue waited till he finished his dinner, took medicines and slept. He also appears to have attended peace meeting at the Police Station, according to statement of Pushpakala. Under this circumstances, prima facie since applicant’s involvement in the crime is doubtful, he is entitled for grant of bail, subject to certain conditions. Hence the order:- The applicant be released in connection with Cr.No. 4/2009 reported at Ramnagar Police Station, Gondia, for offence punishable under sections 147,148,302, 452 read with section 149 of the Indian Pnal Code and Sections 3 and 5 of the Indian Arms Act, upon executing PR bond in the sum of Rs. 30,000/- with one or more sureties in the like amount; with further condition that applicant shall attend each date of hearing in the trial Court; he shall not tamper with the prosecution evidence in any manner and shall not misuse his liberty. The applicant shall also inform his address/change in the address with phone/Cellphone no. if any, to the Investigating Officer as well as the trial Court. The application is disposed of. JUDGE. sahare