1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5007 OF 2009 1 Mangesh Suresh Pokle ) 2 Ganesh Ashok Pawar )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. A. P. Mundargi Sr. Advocate i/by Mr.K.S.Patil for the applicants. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 9th April, 2010 PC 1 This is an application for grant of bail. The applicants are shown as accused in C.R.No.202 of 2009 registered by Haveli police station, Dist. Pune for alleged offences under sections 364, & 302 read with 34 of IPC. The deceased is one Anil Darade. There is an eye witness in the case and the name of the eye witness is Sandip Anand Pawar. The police have recorded the statement of Sandip on 23.3.2009. In so far as applicant no.2 is concerned, there is a general allegation against him that he assaulted the deceased. The prosecution case is that after the assault, two other accused by name Vaibhav Pasalkar and Sachin Shinde carried deceased and threw him in the canal. The deceased was still alive and started swimming and at that time one of the accused Pasalkar hit him with the stone. Thereafter, accused Badal and present applicant no.1 got down in the water and drowned the deceased. It was contended that body of the deceased was not found. In my view, applicant no.1 cannot be granted bail since eye witnesses talked about him as the person 2 who actually drowned the deceased. So far as applicant no.2 is concerned, even according to the eye witnesses he is not the person who either threw the deceased to the canal or threw the stone or drowned the deceased. I am therefore, inclined to grant bail to the applicant no.2. In the circumstances, following order is passed :- O R D E R 1 Application for bail of applicant no.1 is rejected. 2 Pending his trial in connection with C.R.No.202/2009 registered by Haveli police station, the applicant no.2 may be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer once a fortnight on every 1st and 3rd Mondays of the month and will also remain present on all dates of his trial unless exempted and further condition of bail will be that the applicant no.2 will not tamper with any of the witnesses. (R.S.MOHITE,J) 3 4