1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3884 OF 2008 Mr. Raju Ashok Netke ..... Applicant. V/s The State of Maharashtra ...... Respondent. ------ Mr. K.J. Khandpile for the applicant. Mr. Rajesh More, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 9th January, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. It is alleged that the deceased Mahendra Vitthal Zende was assaulted by Sharad Ashok Netke and by his two brothers including the present applicant. The eye witnesses have stated that Sharad Ashok Netke assaulted the deceased with sharp instrument on his head. It is stated in the statement of eye witnesses that one person had covered his face with handkerchief and he assaulted the deceased with stone on his head. The witness has stated that he later on learned that the said person was the present applicant. Both the eye witnesses have given the said version. It has not come on record that the eye witnesses had identified the person who was wearing handkerchief as the applicant in test identification parade. Thus, prima facie, none of 2 the witnesses has stated that the applicant is a person who had assaulted the deceased. Applicant is, therefore, entitled to be released on bail. 3. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. He shall not enter the jurisdiction of village Manjari Budruk, Taluka Haveli, District Pune, pending the hearing and final disposal of the trial. Applicant shall not threaten the witnesses or tamper with evidence. Applicant shall give the address of his new residence to the Superintendent of Police before he is released on bail. Applicant shall report to the nearest Police Station from his new residence once in a week for a period of six months and, thereafter, once in a month during the pendency of the trial. If any complaint is received, application may be made by the prosecution for cancellation of bail. 4. Application is disposed of. (V.M. KANADE, J.)