IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1282/2008 Uderbhan Harikisan Palewar vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 6 th May, 2008. Heard Shri S.P.Bhandarkar, Advocate, for the applicants and Shri Parihar, A.P.P. for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. Applicant is facing trial along with other accused for the offence under Sections 302, 324 r/w Section 34 of the IPC arising out of Crime No. 6/2008 of Police Station Dawniwada. It appears from the F.I.R. filed on record that the complainant has not specifically alleged any role against the applicant regarding causing fatal injuries to the deceased. However, in the statement of complainant Purushottam, which was recorded after 3 days, he had mentioned about the role of the present applicant. He himself has lodged the report, so this appears to be incriminating. It further appears that the applicant had also lodged report to the police station against the deceased as well as witnesses including the complainant . There appears to be counter case. In these circumstances and more so because the other accused has been released on bail, the applicant is entitled for bail. However, subject to conditions. Applicant be released on bail on furnishing Surety and P.R.Bond of Rs. 25,000/-, subject to conditions that he shall attend the trial regularly and shall not commit any offence in future. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter of merits. Application stands disposed of. Hamdast granted. JUDGE Rvj