1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2093/2009 (Chandu @ Changu @ Hitesh Rajesh Dube ..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J . DATE : 24th JUNE, 2009 Heard Shri Daga, advocate for the applicant and Shri Sonare APP for state. This is an application under section 439 of Cr.P.C.,for grant of bail. Applicant is facing trial for the offences u/s 302, 120-B, r/w 34 of IPC, in Crime no.10/2009 of P.S.Ramnagar, Gondia, along with some other accused. While releasing the other accused on bail, learned trial Judge has observed: “The statement of Ramzan shows that deceased was assaulted by one Soni by means of stick and further he was beaten by one Soni by means of stick and further he was beaten by one Zeri and Lili by stones. Other eye-witnesses Sanjay Muneshwar and Kamalesh Maldhare have stated that the deceased was beaten by Zeri, Chandu, Lili, Sanni, Balu and Mama. It seems that name of accused Deepak is also Zeri. The statement of witnesses Sanjay Muneshwar and Kamalesh Maladhare are recorded after seven days of the incident. There is recovery of brick and Farsi stone at the instance of applicant Deepak. On consideration of the above facts and evidence and belated statements of the witnesses, I am of the opinion that there is 2 no prima facie evidence showing involvement of both the applicants in murder of deceased Vikash.” Statement of this Ramchandra appears to be recorded after about 3 ½ months, whereas the statement of Kaliash and Sanjay are recorded after 7 days. Learned trial Judge has considered this aspect and released accused on bail. Prosecution has not challenged the said order of bail. Therefore, the applicant would be entitled for parity, more so, because, even in this court, the prosecution is unable to explain the delay in recording statements of the witnesses. Hence following order: The applicant be released on bail on his furnishing surety and PRB of Rs. 25000/-, subject to condition that he shall attend twice a week Ramnagar Police Station, Gondia on every Wednesday and Sunday between 10.00 a.m. to 1.00 p.m. and shall not taper the prosecution witnesses. Bail in trial court. Application stands disposed of. It is ordered that the learned APP shall seeks instructions as to why statements of eye witnesses were recorded so late and make submissions, even after disposal of this application within 15 days . JUDGE smp