1 CR.APL NO.5/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. CRI.APPLN/5/2011 AUDHUT ADELU MUTNEWAD V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.C.Bhosale, Adv., for the applicant. Mr.N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 27.1.2011 1. Heard learned Counsel for the accused. The accused is in custody from 15.8.2010. The incident with Digambar happened on the road wherein it is alleged that the accused/applicant has controlled deceased Digambar by catching his collar while Maroti stabbed him at abdomen. Resultantly, he succumbed. The event was witnessed by Rama Madhav Patil, Kanba Vishwambar Populwad. Several other witnesses have also seen the event. 2. Counsel submits, the naming of the present accused/applicant is a politically motivated action by the interested persons. The 2 CR.APL NO.5/2011 accused/applicant, whether had, indeed, caught the collar of the deceased, to facilitate stabbing by Maroti, is under cloud, as the two eye witnesses in their statement under Section 164 Cr.P.C. are not clear and rather have given a clean chit to the accused/applicant. 3. Learned A.P.P. submits, the brutality involved in committing the offense is writ large. Maroti, since the date of stabbing Digambar, is absconding. 4. The survey of above facts illustrates, even if there was some earlier brawl between the accused/applicant with his associate Maroti against deceased Digambar, however, the role played by the accused/applicant of catching collar is tried to be shattered by the two witnesses. The accused has no criminal record. Counsel also accepted that the accused/applicant will not be staying in the said village till conclusion of the trial. The above facts makes the accused/applicant eligible to be 3 CR.APL NO.5/2011 released on bail. ORDER (a) The accused/applicant Audhut s/o Adelu Mutnewad be released on bail on his furnishing P.R. bond and surety in the sum of Rs.40,000/- ( Rs. fourty thousand). The accused/applicant shall attend the investigator at Himayatnagar Police Station, dist. Nanded, on every Sunday between 6 p.m.to 8 p.m. till Dec., 31st, 2011. (b) The accused/applicant shall not live in Tembhi, taluka Himayatnagar, dist. Nanded, till conclusion of trial. The accused applicant shall give his changed address to the investigator within a week after his release, including contact number. Application allowed. (K.U.CHANDIWAL) JUDGE ... agp/5-11crapl