1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2614 OF 2009 Rakesh S/o Dattatraya Dhawde Versus State of Maharashtra and another *** Mr. Vilas D. Sonawane, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel extensively. Learned A.P.P. has placed before me the copy of charge sheet and the various statements of witnesses allegedly showing involvement of the accused. The accused seeks bail in Crime No.194 of 2004 registered with Sadar Bazar Police Station, Jalna. 2. On 27th August, 2004, at a mosque at Jalna, there was a blast in which twelve persons offering prayers were allegedly injured. The investigation was carried and ultimately charge sheet came to be filed against several persons. 3. The accused/ applicant herein was put under arrest in a Crime No.80 of 2008 at Malegaon Police Station on 28th October, 2008. The police alleged 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. that it was this applicant, who has offered training to the suspects, who were involved in the offence dated 27th August, 2004 and consequently the accused/ applicant is arrested in the present crime on 15th November, 2008. 4. The accused/ applicant is still in custody in the offence Crime No.80 of 2008 registered at Malegaon Police Station. 5. Counsel informs and has placed before me certified copy of Criminal Application 186 of 2009 before the learned Sessions Judge at Parbhani wherein the present accused/ applicant is directed to be released on bail by order dated 17th April, 2009. In similarly placed situation by the orders in Sessions Case No.14 of 2007 [Crime no.99 of 2006 of Bhagyanagar Police Station] the accused applicant is directed by the Adhoc Additional Sessions Judge, Nanded, to be released on bail of Rs.50,000/-. 6. Having gone through the record, I find the 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. allegations are, the accused having expertised in the field of training the explosions or explosives, has ferried the suspect from Pune Railway Station to Sinhagadh Fort. There is nothing, at this stage, to indicate any concert of the accused/ applicant in the incident dated 27th August, 2004 involving uproar and discomfort amongst the people at large, injured twelve persons, who were offering prayers. Though there are series of cases registered by police, however, by that itself will not be a standard to further detain the accused/ applicant when police are unable to produce any prima facie evidence against the accused/ applicant to keep him in custody. The impression that the accused/ applicant will be influencing the witnesses, can be taken care as indeed there is a charge sheet already filed. That apart, if any such eventuality appears, the police is at liberty to approach for cancellation. Hence, order. 7. The accused/ applicant Rakesh S/o Dattatraya 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Dhawde be released in Crime No.194 of 2004 registered with Sadar Bazar Police Station, Jalna on his furnishing P.R.Bond and surety in the sum of Rs. 20,000/- [Rupees twenty thousands only]. 8. The accused/ applicant shall not leave jurisdiction of Jalna Court without prior intimation, except attending the other cases pending against him. 9. The accused/ applicant, after his release, shall attend the investigator at Jalna on last Sunday of every month, till completion of trial. The accused/ applicant shall furnish his address at Jalna. Application disposed of in above terms. [K. U. CHANDIWAL, J.] Dated:01/09/2009. ans/2614