1 Cri-A-4656-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4656 OF 2010 Mr. Santosh Ramchandra Lande ... Applicant (Orig. accused No.13) Vs. The State of Maharashtra ... Respondent Mr. Uday P.Warunjikar, Advocate, for the applicant. Ms. P.P.Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 11th January, 2011. P.C. 1. The applicant, who is in custody in Crime No.562/2006 registered with Kothrud Police Station, Pune, under Section 302 read with Section 149 of IPC , seeks bail. 2. The applicant was arrested on 25.10.2006 and since then he is in jail. The learned Counsel for the applicant makes a statement that trial is not commenced. Not only that, even the charge is not framed. According to him, except the first name of the applicant, no details are given about him in the FIR. He was not even identified by any of the eye-witnesses as one of the assailants. On perusal of the FIR, it appears that on 4.10.2006, the first informant Prakash 2 Cri-A-4656-10.sxw Karpe and his friends, including deceased Sandeep Bhau were proceeding on a Scorpio vehicle. When the vehicle stopped at a signal, 7 or 8 persons reached there on 3-4 motorcycles. After parking their motorcycles on both sides, those persons armed with sickles, choppers, knives, etc. rushed towards the vehicle. They included Sachin Pote, Ganesh Marne, Nilesh Mazire, Anil Khilare and one Santosh whose full name was not known and other unnamed persons. Sachin Pote fired at Sandeep Bhau, while others assaulted him with sickles, knives, etc. They also assaulted Ramesh Bhosale with the said weapons. Sandeep Bhau died due to the injuries with the bullet. During investigation, 18 persons were arrested. Charge-sheet was filed against them. Out of them, 13 persons have been granted bail, though some of them are identified during T.I. parade and from some of them weapons were seized. According to the prosecution, present applicant Santosh was identified during T.I. parade by one Ganesh Godse and chopper was seized from him. 3. On perusal of T.I. parade, it appears that out of 8 witnesses who were required to identify the prsent applicant, only witness Ganesh Godse claimed to have identified him. Other witnesses did not identify him. Ganesh Godse also stated that after the incident was over, the present applicant was seen running away on a two-wheeler towards Bus stop and therefore he could identify. He also 3 Cri-A-4656-10.sxw did not say hat he had seen the present applicant as one of the assailants. He had seen him only when he was going away on a two-wheeler. 4. In view of the above circumstances, the applicant be released on his executing P.R. of Rs.25,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall also attend Kothrud Police Station, Pune, on every Sunday between 11 a.m. to 1 p.m. till the end of the trial. (J.H.BHATIA,J.)