IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1376 OF 200 CRI.APPLICATION NO.1376 OF 200 CRI.APPLICATION NO.1376 OF 2009 1. Dadasaheb @ Appa Dagadu Kamble, 2. Prashant @ Banty Mahadev Aadke, Applicants. Vs The State of Maharashtra, Respondent. Mr A.P.Mundargi, Sr.Advocate, with Mr Machindra Deshmukh for the applicants. Mrs S.D.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 09/04/200 DATE : 09/04/200 DATE : 09/04/2009 PC: PC: PC: 1. Heard Mr Mundargi,learned senior counsel for the applicant and Mrs Shinde, learned APP for the respondent. 2. The applicants are seeking bail in C.R.No.104 of 2008 of Vita police station,Dist.Sangli. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302 read with 34 of the IPC. 3. It is the prosecution case that on 7.11.2008 the applicants and two others allegedly committed murder of the deceased-Viki Gaikwad. Mr Mundargi, learned senior counsel for the applicants, at the outset, invited my attention to the statements of Amar Shitode, Vivek Chothe and Shrikant Salunkhe to contend that though the deceased was knowing both the applicants, he did not name them in his oral dying declaration made to these witnesses and named only two other accused, which show that the applicants were not there. According to the aforesaid three witnesses, the two other accused with their associates assaulted the deceased, as orally disclosed by the deceased, when he was being carried to the hospital. There is a statement of Shankar Wadar, who is an eye-witness to the incident. Insofar as his statement is concerned, Mr Mundargi submitted that it was recorded after five days of the incident. It is true that his statement was recorded after five days, but the manner in which he has narrated the alleged incident, at this stage, I do not find any reason to give benefit to the accused. In his statement he has named three accused including applicant no.1. Insofar as applicant no.2 is concerned, he has not named him and has clearly stated that one "unknown fat person" was the fourth person with the other three accused. In a supplementary statement recorded on 17.11.2008, he has, however, named that fourth person as Prashant @ Bunti (applicant no.2). Perusal of his statement shows, as contended by Mr Mundargi, that he has not explained as to how he could name him in the supplementary statement, and why did he not name him in his first statement and simply described him as unknown person. In view thereof, I am inclined to give applicant no.2 a benefit at this stage and grant his application for bail. Insofar as applicant no.1 is concerned there is a direct evidence against him apart from the fact that there is a recovery of weapon at his instance. The statement of Somnath Ghadge also supports the prosecution case insofar as applicant no.1 is concerned. In the circumstances, the application filed by applicant no.1 is rejected. 4. Applicant no.2-Prashant @ Banty Mahadev Aadke is directed to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to condition that applicant no.2 shall not enter the limits of Khanapur taluka, Dist-Sangli till conclusion of the trial. Applicant no.2 shall keep informed his address to the concerned police station where he proposes to reside during this period. The applicant shall report to the nearest police station from the place of his residence on every alternate Sunday between 10 am and 11 am till conclusion of the trial. . While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)