FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3947 OF 2011 1- PANDIT SUDAM GADEKAR 2- Popat s/o Chagan Dabhade. VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Mr. Bhosle Santosh C. APP for Respondent(s): Mr D.R.Korde. ... CORAM : SHRIHARI P. DAVARE, J. Dated: September 30, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicants No.1 and 2, seeking regular bail in connection with Crime No. 88/2011, registered with Georai Police Station, Tq. Georai, District Aurangabad for the offence punishable under section 302 r/w 34 of Indian Penal Code. 3. It appears that offence has been registered on the basis of complaint lodged by the complainant namely Haribhau Namdev Sadafule, father of the victim, on 15.4.2011, against Sunil Ratan Sadafule and two unknown persons. It is alleged FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders in the said First Information Report that two unknown persons with the main accused Sunil, caught hold of hands of the victim Subhash and the main accused Sunil gave a blow of knife having long blade into the left side ribs of victim Subhash and thereupon, he was collapsed on the floor and, hence, the complainant and others shouted and ran towards the victim but accused Sunil and his two associates fled away. Accordingly, it is apparent that prime role has been attributed to the main accused i.e. Sunil during the occurrence of the incident, whereas participation of the two unknown persons accompanying with him is apparently meagre. 4. It is the contention of the learned APP that above referred two unknown persons are the applicants herein. However, nothing is produced on record in that respect. It is reported that T.I. parade was also not conducted in respect of the applicants herein to connect the two unknown persons, who allegedly participated in the occurrence of the incident, while commission of the crime. 5. Apart from that, it is submitted that discovery of clothes were made at the instance of the applicants under the panchnama under Section 27 of the Evidence Act. But the said evidence is the corroborative piece of evidence and not beyond that. Besides, it is submitted that investigation has been FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders completed and charge sheet has been filed, and hence, there is no propriety in keeping the applicants in custody, further more and they deserve to be enlarged on bail, but on certain conditions. 6. In the result, present application is allowed and it is directed that applicant No.1 ] Pandit s/o Sudam Gadekar and applicant No.2] Popat s/o Chagan Dabhade be released on bail, in connection with Crime No.88/2011, registered with Georai Police Station, Tq. Georai, District Beed, on furnishing P.R. Bond in the sum of Rs.20,000/- each [Rs. Twenty thousand only], with one surety in the like amount by each of them, on the following conditions :- i) The applicant nos. 1 and 2 shall give attendance before the incharge of concerned Police Station, once in a month i.e. on every FIRST MONDAY of each month, till the disposal of the trial. ii] The applicant nos. 1 and 2 shall not enter into the village of Hingaongaon, Tq. Georai, District Beed, where the complainant resides, till the disposal of the trial. iii] The applicant nos. 1 and 2 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 7. Present application stands disposed of finally. 8. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***