1 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 APPLICATION APPLICATION NO.2785 OF 2007 NO.2785 OF 2007 NO.2785 OF 2007 Ramchandra Ramchandra Ramchandra Bajirao Sonawane Bajirao Sonawane Bajirao Sonawane ..Applicant ..Applicant ..Applicant vs vs vs The The The State of Maharashtra.. State of Maharashtra.. State of Maharashtra.. Respondent Respondent Respondent Mr.K.S.Patil Mr.K.S.Patil Mr.K.S.Patil for Applicant for Applicant for Applicant Mr.Rajesh Mr.Rajesh Mr.Rajesh More A.P.P.for Respondent More A.P.P.for Respondent More A.P.P.for Respondent CORAM CORAM CORAM : : : V.C.DAGA, J V.C.DAGA, J V.C.DAGA, J DATED DATED DATED : : : 31ST AUGUST, 2007 31ST AUGUST, 2007 31ST AUGUST, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the learned learned learned A.P.P. A.P.P. A.P.P. 2.2.2. The applicant is seeking bail in connection The applicant is seeking bail in connection The applicant is seeking bail in connection with with with C.R.No.8/2007 registered with Mahad Taluka C.R.No.8/2007 registered with Mahad Taluka C.R.No.8/2007 registered with Mahad Taluka police police police station, District Raigad for offences station, District Raigad for offences station, District Raigad for offences punishable punishable punishable under section 302, 365, 362, 504, 504 under section 302, 365, 362, 504, 504 under section 302, 365, 362, 504, 504 r/w r/w r/w 34 IPC upon a complaint lodged by one Ashok 34 IPC upon a complaint lodged by one Ashok 34 IPC upon a complaint lodged by one Ashok Babu Babu Babu Vinherkar dated 7th March, 2007. Vinherkar dated 7th March, 2007. Vinherkar dated 7th March, 2007. 3.3.3. The prosecution case is as under : The prosecution case is as under : The prosecution case is as under : ItItIt is is is alleged that on 6.3.2007 the complainant alleged that on 6.3.2007 the complainant alleged that on 6.3.2007 the complainant visited visited visited his native plalce along with his cousin his native plalce along with his cousin his native plalce along with his cousin brother brother brother Shantaram and other relatives. It is Shantaram and other relatives. It is Shantaram and other relatives. It is alleged alleged alleged that on 7.3.2007 complainant his brother that on 7.3.2007 complainant his brother that on 7.3.2007 complainant his brother Mahesh Mahesh Mahesh and his family members and Shantaram were and his family members and Shantaram were and his family members and Shantaram were travelling travelling travelling back to Bombay. At about 3 p.m. they back to Bombay. At about 3 p.m. they back to Bombay. At about 3 p.m. they reached reached reached Karanjande Railway station in a vikram Karanjande Railway station in a vikram Karanjande Railway station in a vikram Rickshaw. Rickshaw. Rickshaw. They alighted at the S.T.stand and were They alighted at the S.T.stand and were They alighted at the S.T.stand and were proceeding proceeding proceeding towards the railway station. It is towards the railway station. It is towards the railway station. It is 2 alleged alleged alleged that on their way to the railway station a that on their way to the railway station a that on their way to the railway station a white white white Tata Sumo came near them and two persons Tata Sumo came near them and two persons Tata Sumo came near them and two persons alighted alighted alighted from the said Sumo. It is alleged that from the said Sumo. It is alleged that from the said Sumo. It is alleged that the the the said two persons who were alighted from the said two persons who were alighted from the said two persons who were alighted from the Sumo Sumo Sumo forced Shantaram to sit in the Sumo and forced Shantaram to sit in the Sumo and forced Shantaram to sit in the Sumo and thereafter thereafter thereafter they they they all fled away in the said Sumo. On all fled away in the said Sumo. On all fled away in the said Sumo. On these these these allegations initially offence were registered allegations initially offence were registered allegations initially offence were registered under under under section 365,362, 504, 506 r/w 34 of IPC. section 365,362, 504, 506 r/w 34 of IPC. section 365,362, 504, 506 r/w 34 of IPC. 4.4.4. The applicant appears to have been implicated The applicant appears to have been implicated The applicant appears to have been implicated on on on the basis of the statement made by the the basis of the statement made by the the basis of the statement made by the co-accused co-accused co-accused when the co-accused was in police when the co-accused was in police when the co-accused was in police custody. custody. custody. The said statement would not be The said statement would not be The said statement would not be admissible admissible admissible in in in evidence. At this stage, there is no evidence. At this stage, there is no evidence. At this stage, there is no other other other material other than what is referred to material other than what is referred to material other than what is referred to therein. therein. therein. In this view of the matter, the applicant In this view of the matter, the applicant In this view of the matter, the applicant isisis entitled to be enlarged on bail in the sum of entitled to be enlarged on bail in the sum of entitled to be enlarged on bail in the sum of Rs.25,000/- Rs.25,000/- Rs.25,000/- with one or two sureties in the like with one or two sureties in the like with one or two sureties in the like amount amount amount on the following terms and conditions : on the following terms and conditions : on the following terms and conditions : (a) (a) (a) The applicant arrested in connection The applicant arrested in connection The applicant arrested in connection with with with C.R.No.8/2007 of Mahad Taluka police C.R.No.8/2007 of Mahad Taluka police C.R.No.8/2007 of Mahad Taluka police station station station shall shall shall be enlarged on bail in the sum be enlarged on bail in the sum be enlarged on bail in the sum of of of Rs.25,000/- with one or two local Rs.25,000/- with one or two local Rs.25,000/- with one or two local sureties sureties sureties to to to make up the said amount. make up the said amount. make up the said amount. (b) (b) (b) The applicant shall report to Mahad The applicant shall report to Mahad The applicant shall report to Mahad Taluka Taluka Taluka police station once in a week i.e. police station once in a week i.e. police station once in a week i.e. on on on every Monday between 3.00 to 5.00 p.m. every Monday between 3.00 to 5.00 p.m. every Monday between 3.00 to 5.00 p.m. till till till conclusion of the trial. conclusion of the trial. conclusion of the trial. (c) (c) (c) The order of bail will be given effect The order of bail will be given effect The order of bail will be given effect only only only after the applicant furnishes to the after the applicant furnishes to the after the applicant furnishes to the investigating investigating investigating officer the details about his officer the details about his officer the details about his place place place of residence and address where he of residence and address where he of residence and address where he proposes proposes proposes to stay after he is enlarged on to stay after he is enlarged on to stay after he is enlarged on bail. bail. bail. The applicant will not change his The applicant will not change his The applicant will not change his residential residential residential address thereafter till the address thereafter till the address thereafter till the conclusion conclusion conclusion of trial without prior intimation of trial without prior intimation of trial without prior intimation toto to the investigating officer. the investigating officer. the investigating officer. (d) (d) (d) The applicant shall not directly or The applicant shall not directly or The applicant shall not directly or indirectly indirectly indirectly make any inducement or threat or make any inducement or threat or make any inducement or threat or pressurise pressurise pressurise any prosecution witnesses and any prosecution witnesses and any prosecution witnesses and 3 shall shall shall not in any manner tamper with the not in any manner tamper with the not in any manner tamper with the prosecution prosecution prosecution evidence. evidence. evidence. (e) (e) (e) The applicant shall co-operate with the The applicant shall co-operate with the The applicant shall co-operate with the investigating investigating investigating agency for disposal of the agency for disposal of the agency for disposal of the case. case. case. It is needless to mention that breach It is needless to mention that breach It is needless to mention that breach of of of any of the conditions by the applicant any of the conditions by the applicant any of the conditions by the applicant shall shall shall result in cancellation of bail. result in cancellation of bail. result in cancellation of bail. (f) (f) (f) Any observations made in this order Any observations made in this order Any observations made in this order shall shall shall not be construed as finding or not be construed as finding or not be construed as finding or expression expression expression on merits of the case at the time on merits of the case at the time on merits of the case at the time of of of trial. trial. trial. Application Application Application stands disposed of accordingly. stands disposed of accordingly. stands disposed of accordingly. JUDGE JUDGE JUDGE