IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE VPH CRIMINAL APPLICATION NO.2956 OF 200 CRIMINAL APPLICATION NO.2956 OF 200 CRIMINAL APPLICATION NO.2956 OF 2008 Vikas Vijay Gaikwad Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. Subhash Hulyalkar and Sudhir Halli, for the applicant. Mr. K. V. Saste, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 25th NOVEMBER, 2008. DATED: 25th NOVEMBER, 2008. DATED: 25th NOVEMBER, 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard the learned counsel for the applicant/accused and the learned APP for the State. Perused the application for bail and the affidavit in opposition, togetherwith material available on record. 2. The applicant is seeking bail in C. R. No. 134 of 2007, registered with Khadaki Police Station, District Pune, for the offence punishable under section 395 of the I.P.Code, after having suffered adverse order dated 22nd April, 2008 at the hands of this Court. 3. The learned counsel appearing for the applicant submits that the applicant was arrested on 19th July, 2007 and since then he is in custody. He submits that the investigation is complete. The charge sheet has already been filed and some of the co-accused have already been released on regular bail. - 2 - 4. The learned APP opposed this application. However, he agrees that investigation is complete and the charge-sheet has already been filed. He further submits that the possibility of playing with the prosecution witness and the evidence by the applicant, if released on bail, cannot be ruled out. He thus, submits that, if this Court is inclined to grant bail, the applicant/accused should be asked to keep himself away from the area of Khadaki Police station, rather away from Pune city. 5. Having considered the factual aspect and having taken into account the period during which the applicant is behind the bars, that some of the co-accused have already been granted regular bail and that the investigation is complete, I propose to enlarge the applicant on bail on the following conditions:- (i) The applicant be enlarged on bail in C.R. No. 134 of 2007 registered with Khadaki Police Station subject to furnishing bond in the sum of Rs.25,000/- with one or two local solvent sureties to make up the said amount. (ii) The applicant shall stay away from Pune city - 3 - and should be at Khed-Shivapur, taluka Bhor as agreed by him and shall report to the nearest police station once in a week on every Saturday betwen 3 to 5 p.m. till conclusion of the trial. (iii) The order of the bail will be effective only after the applicant furnishes the bail. The applicant shall not change residence, as indicated hereinabove without prior written intimation to the nearest police station. The applicant shall not directly or indirectly induce threats to the prosecution witnesses and tamper with the prosecution evidence. (iv) The applicant shall cooperate the trial Court for expeditious disposal of the case. (v) It is needless to mention hear that breach of any of the above conditions shall result in cancellation of bail. (vi) Any observation made in this order shall not be construed as finding or expression on merits at the time of trial of the case. . The application for bail shall stand disposed of in the above terms. - 4 - Sd/- [ V. C. DAGA, J.]