1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1360 of 2010 Vijay Raghunath Inwate ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Ner, Dist. Yavatmal Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. D.V.Chavan, Advocate for the applicant. Mr. M.J.Khan, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 24 th September , 2010 . Heard. This is an application filed by the applicant/accused for releasing him on bail in Crime No.35 of 2010 registered at Police Station, Ner, Dist. Yavatmal for the offence punishable under Sections 302, 341, 120-B read with Section 34 of Indian Penal Code. The report was lodged at Police Station, Ner on 02/4/2010. The complainant namely Jagdish Bobde in his report submitted that on 02/4/2010, Sarpanch of Village Watphali namely Minesh Prabhakarrao Deshmukh was approaching towards the house of Arun Kalmegh and on the way, he was apprehended by Vijay Inwate, Ajay Inwate, Sanjay Inwate and Minesh Raut. Sanjay Inwate, who was armed with an Axe, gave successive blows on the complainant Minesh Deshmukh. The victim Minesh fell on the ground in a pool of blood and succumbed to the successive blows. It was submitted in the report that there was a dispute on the ground of releasing Anil Mahalle on bail. Learned Advocate for the applicant submitted that bare perusal of the First Information Report show that except presence of the applicant on the spot of incident, no role is attributed to the 2 applicant. He further submitted that the applicant is roped only because of the political rivalry between the parties and there is no material with the prosecution to show any overt act on the part of the applicant. Learned Advocate further submits that the investigation is complete and the charge sheet has been filed by the investigating agency on 30/6/2010 and there is no reason to keep the applicant behind the bars for indefinite period. Learned APP for the respondent-State has filed reply to the application and strongly opposed the application. Learned APP invited my attention to the reply and submitted that there are the statements of witnesses, who mentioned the name of the applicant. The record of investigating agency is made available by the learned APP for perusal of the Court. Learned APP makes a reference to the statements of witnesses Kishor Wankhede and Kishor Kalmegh. The record shows that the statement of Kishor Kalmegh is recorded on 24/6/2010 whereas the statement of Kishor Wankhede is recorded on 02/5/2010. In the statements of these witnesses, they say that the applicant took part in dragging the victim from his house. Learned APP also refers to the statement of one Rajani Ashok Kalmegh, which is recorded on 05/4/2010, wherein she also states that the applicant dragged the victim from his house. As such, in the complaint lodged by Jagdish Bobde as well as in the statements of the witnesses, role attributed to the applicant is dragging the victim from the house. From the record, it is seen that the statements of witnesses Kishor Kalmegh and Kishor Wankhede are recorded after lapse of long time i.e. on 26/4/2010 and 02/5/2010. No reason is given for the delay caused in recording these statements. Be that as it may, apart from the statement of the witnesses, no overt act is attributed to the applicant. The other ground raised by the prosecution for rejection of 3 the bail is that the applicant may pressurize the witnesses being he is a resident of village Watphala. Learned Advocate for the applicant submitted that the applicant is ready to reside in any other village than village Watphala. The applicant undertakes to stay at Nagpur and supply his address, phone/mobile number to the I.O./Police Station, Ner. Considering the rival submissions, I am of the opinion that the applicant has made out a prima facie case for grant of bail. No overt act is shown by the applicant. In the result, the application is allowed. The applicant Vijay Raghunath Inwate be released in Crime No. 35/2010 registered at Police Station, Ner, Dist. Yavatmal, on bail on his furnishing P.R. Bond of Rs.25,000/- with one solvent surety in like amount on the following conditions : (a) The applicant to cooperate with the investigating agency and attend the police station, Ner, Dist. Yavatmal on every 1st and 3rd Monday between 10.00 a.m. to 12.00 noon. (b) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (c) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (d) In case the applicant is moving out of the area of police station, Ner or the area of police station, where he undertaken to stay, he shall inform the police station about his visit to other place. (e) As undertaken by the applicant, he shall stay at Nagur. 4 In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Parties to act upon steno copy of the order. JUDGE Diwale