abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 154 OF 2008 Somnath Chandrakant Pokale .. Applicant V/s The State of Maharashtra .. Respondent Mr.Vikas Shivarkar for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 22ND FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant is charged with an offence of murder of Amod Ankush Lonare punishable under section 302 and other related sections of the Indian Penal Code. The applicant is in custody since 3rd August 2007. 3. The prosecution case is that on 25th July 2007, Navnath Khilare, Nilesh Sawant, Balya Bharekar and Mallya @ Mallikarjun, who lived in the same building as the deceased, had abused the deceased alleging that he - 2 - was an informant of the police. The deceased had lodged the First Information Report relating to the said incident in the police station on the same day. On 31st July 2007, the afore-mentioned four persons along with their accomplices Ganesh Gaikwad and Rahul Pawar assaulted the deceased with sharp weapons. Hearing the shouts of the deceased, the father of the deceased rushed to the spot and seeing him all the six persons ran away. Three of them ran way on a scooter and the other three ran away in a rickshaw. Brother of the deceased also saw the afore-mentioned six persons running away from the spot of the incident. The applicant has been arrested on suspicion that three of the assailants ran away in the rickshaw belonging to him. 4. Admittedly, the applicant was not present at the spot of assault. The father of the deceased has not named the applicant. Nor has the brother of the applicant, who saw the assailants running, named the applicant. Learned A.P.P. fairly stated that there is no eye witness showing that three other assailants ran away in the rickshaw of the applicant. 5. The evidence on record does not show involvement of the applicant in the assault. There is also no direct evidence of any of the assailants running - 3 - away in the rickshaw of the applicant much less evidence regarding any role of the applicant in any plan for the assault on the applicant and thereafter aiding running away of the assailants. In the circumstances, the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the crime registered at C.R. No.586/2007 with Kothrud Police Station, Pune, on his executing personal bond of Rs.20,000/- with two sureties of the like amount subject to the following conditions: (a) The applicant shall not make any inducement or give threats to any of the prosecution witnesses nor he shall tamper with the prosecution evidence. (b) The applicant shall not change his present residence without prior intimation to the concerned police station. (c) Any breach of the aforesaid conditions would result in cancellation of bail. - 4 - (D.G. KARNIK, J.)