IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CRIMINAL CRIMINAL CRIMINAL APPLICATION No. 1943 of 2007. APPLICATION No. 1943 of 2007. APPLICATION No. 1943 of 2007. Baban Bedkya Walilkar & Anr. ..Applicants. Vs. The State of Maharashtra ..Respondent. Mr H. H. Ponda, Advocate for the applicant. Mr Rajesh More, A.P.P for the State. CORAM: CORAM: CORAM: V.C. DAGA,J. V.C. DAGA,J. V.C. DAGA,J. DATED: DATED: DATED: 8TH AUGUST 2007. 8TH AUGUST 2007. 8TH AUGUST 2007. P.C.:- P.C.:- P.C.:- 1. Heard learned counsel for the applicant and learned APP for the State. 2. Perused the application and material available on record. 3. The applicants are seeking bail in C.R. NoI/349 of 2006 registered with Mumbra Police Station, District Thane, for the offence punishable under Sections 302, 120-B, 109, 143, 147, 148, 149, 341 of the I.P.C. and 37 (i) read with Section 135 of the Bombay Police Act. 4. During the course of hearing, the learned counsel for the applicants made a statement that in view of some, prima facie, ( 2 ) incriminating material which exists against the original accused No.5, Jagan Bedkya Walilkar (applicant no.2 herein), he is not pressing the application for bail on his behalf. However, he pressed the application for bail on behalf of the accused No.4 Baban Bedkya Walilkar (the applicant no.1 herein) who is aged about 62 years. I was taken through the material available on record and the statements recorded by the Investigating Officer. 5. The learned APP tried to oppose the application contending that the possibility of pressurising the witnesses and tampering with the prosecution evidence cannot be ruled out. 6. Mr Ponda, appearing for the applicant, while reacting to the above submission of the learned APP, submits that the applicant Baban, during the period of trial, will stay away from the village and shall not enter into the jurisdiction of the Sessions Court. 7. Having heard rival contentions, looking the advanced age of the applicant No.1,Baban, I am inclined to grant bail to him only on following terms and conditions. ( 3 ) a] The applicant Baban Bedkya Walilkar arrested in connection with C.R.No. I/349 of 2006 registered with Mumbra Police Station, District Thane shall be enlarged on bail subject to furnishing a personal bond of Rs. 25,000/- with one local surety in the like amount. b] The applicant shall keep himself away from his village or town, as the case may, be and shall not enter into the jurisdiction of the Sessions Court except for trial and shall furnish his residential address to the Investigating Officer. c] The order of bail will be given effect only after the applicant furnish to the Investigating Officer the details about his place of residence and address where he propose to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the Investigating Officer. d] He shall report to a nearest Police Station twice in a week i.e. Monday and ( 4 ) Saturday in between 3.00 to 5.00 p.m. till conclusion of the trial. e] The applicant shall not, directly or indirectly, make any inducement or threat to any prosecution witnesses and shall not, in any manner, tamper with the prosecution evidence. f] The applicant shall co-operate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the applicant to delay the trial may be a ground for cancellation of bail. g] Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. 8. Application is disposed of in above terms. (V.C. (V.C. (V.C. DAGA,J.) DAGA,J.) DAGA,J.)