1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.234/2011 (Kalim Nannesaheb Sheikh .vrs. 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 Mr. Anzar B. Mirza, Advocate for applicant, Mr. A.S. Sonare, APP for respondent. .......... CORAM : P.D. KODE, J DATED : APRIL 30, 2011 Heard. The prosecution material against the applicant is by and large confined of the statement of mother of the applicant and the child of the applicant. The perusal of the statement of child supports submission of the learned counsel for the applicant that the same fails to depict that the applicant was carrying an intention to murder his wife. The material in the statement of the mother does not reveal that she was not an eye witness. The learned counsel for the applicant, by drawing an attention to both the said statements, has rightly canvassed of there being major inter-se discrepancies in the said material to the effect of the child having claimed that after the incident the deceased had slept on the ground that while the statement of the mother that she was found sleeping on the cot. 2 Having regard to such character of prosecution material and the fact and probable motive for occurrence of incident, the prayer for bail made will deserve consideration on the compassionate ground of the applicant is having small children. The same will deserve accordingly as probable motive does not reveal for crime also indicates to some extent of there may not be danger to society at large in event of release of the applicant on bail by imposing strict conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend the I.O. of said Police Station in between 11.00 am and 12.00 noon on every Monday, until further order; (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court; (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial; (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande