IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4606 OF 2008 Mangilal Fatulal Borse ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Naveen Chomal for Applicant Shri S.S. Pednekar,APP for State ---- CORAM: V.M. KANADE J. DATED 21ST JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant is arrested in connection with an offence punishable under section 302 of the Indian Penal Code, which is registered at Vadner Bhairav Police Station, Nashik. 3. The prosecution case is that the Applicant is a driver of the truck and other driver was travelling along with him had died at village Vadalibhoie. 4. The Applicant's case is that out of the two passengers, who were travelling in the truck, one of them had killed his co-driver by firing a shot on him by country made revolver. 5. There is no eye witness to the said incident. The only material against the Applicant is the revolver found in the cabine along with empty cartridges, which was used in the commission of the offence and recovered by the investigating agency from the Applicant. Apart from these circumstances, there is no other evidence against the present Applicant. The other witnesses have corroborated the version of the Applicant that two other passengers were also traveling along with the Applicant and his co-driver. 6. Taking into consideration these facts and the fact that there is no eye witness to the said incident and the chargesheet has already been filed, the Applicant, in my view, deserves to be released on bail subject to certain conditions being imposed: (i) The Applicant shall give his permanent address to the police. The police shall verify this address within one week after the address is given to the Superintendent of Jail. If the address is found to be correct, then the Applicant shall be released on bail in a sum of Rs.5,000/- with one or two local sureties from Nashik in the like amount. (ii) The Applicant shall report to the nearest police station from his residence once in a week. (iii) The Applicant shall report to Vadner Bhairav Police Station, Nashik, once in a month during pendency of the trial. 7. The Application is, accordingly, allowed and disposed of. V.M. KANADE J.