1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 373 OF 2011 ( Chandrashekhar Arjuna Pulgam Vs. State of Mah. PSO PS Asaralli Tah. Sironcha Distt. Gadchiroli) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. M. Daga Adv for applicant. Shri D. B. Patel APP for non applicant/State. Shri R. Vyas Adv to assist prosecution. CORAM: M. N. GILANI J. DATED: 2nd AUGUST, 2011. . This is an application for releasing the applicant on bail against whom Crime No. 04 of 2011 is registered by Police Station Asaralli district Gadchiroli for the offence punishable under Section 302 and 120-B of Indian Penal Code. The prosecution case as unfolded in the First Information Report dated 27.01.2011 lodged by Kalam Sheikh is that: On 26.01.2011 at about 9 p.m. he was present in the house watching T. V. His younger brother Habib Sheikh (since deceased) was his neighbour. He heard screams of the deceased and came out. He saw the serious wound on the abdomen of the deceased. The deceased disclosed before him that the person who assaulted, had tied a scarf-handkerchief over the face and was 2 wearing jean pant. He gave his name as "Suresh" who stabbed him in his stomach. While on way to the hospital at Sironcha the deceased died. It is the case of the prosecution that while the deceased was being taken to the hospital he made disclosure statement naming the assailant. According to the prosecution case he named the present applicant. Presumably, the second disclosure was made before 10.30 p.m. whereas report was lodged on 27.01.2011 at 02.30 hours (night), that means after about four hours of the death of the deceased. Only one stab wound was seen on the abdomen of the deceased. Considering the state of evidence collected by the prosecution, discretion of enlarging the accused on bail cannot be declined. Applicant-accused be released on his executing PR bond in the sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Sessions Judge, Gadchiroli, with a condition that he shall not enter village Asaralli Taluka Sironcha District Gadchiroli till the trial is over. He should report the place of his residence to the nearest police station within whose jurisdiction he would like to stay. JUDGE svk 3