1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 55 /2010 [Ramkisan s/o Baliram Thokare vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr P B Patil, Adv.for applicants Mr S B Ahirkar APP for Respondent CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 9, 2010. Heard submissions at the Bar. 2 The applicant is seeking bail in connection with Crime No.48/2009 registered at Sakharkherda Police Station Dist. Buldana for offence punishable u/s 302 read with sections 147 to 149 IPC. It is submitted on behalf of the applicant that in the FIR lodged by one Santosh Bhikaji Kulthe who was present along with alleged victim Prabhakar Nalinde, gave an eye witness version stating that a lady and three persons asked Prabhakar to go out of the agricultural field. When he refused to leave the field, there was verbal altercation. In the meantime, one of the persons took away chilly powder and threw it in the eyes of Prabhakar. Prabhakar raised a shrill cry saying “Umesh you have not done good thing”. At that time other person armed with sickle assaulted Prabhakar on his head. Another person had snatched away axe from other person's hand and assaulted again on the head of the Prabhakar. Thus, the 2 name of the present applicant was not at all mentioned in the FIR. The names of the accused were given as Yogesh Ramchandra Tupkar, Umesh Tupkar and Shashikala Ramchandra Tupkar. One of them, Shashikala was already released on bail on 5.1.2010, subject to certain conditions. The present applicant is claiming parity with Shashikala, who was his wife. 3. Learned APP stoutly objected grant of bail on the ground that in the investigation done subsequently the name of the present applicant was mentioned. Be that as it may; since no active role has been attributed by the alleged eye witnesses who were present at the time time of the occurrence, the applicant is entitled to benefit of conditional bail. Hence the following order is passed :- The applicant be released on bail in connection with 48/2009 for offence punishable u/ss. 147, 148, 302 read with sec.149 IPC registered at Sakharkherda Police Station, upon executing PR bond in the sum of Rs. 30,000/- with one or more sureties in the equal amount; with further conditions that the applicant shall attend the trial on each date of hearing. He shall inform his fixed address with telephone/cell phone no. if any, to the I.O. as well as the Presiding Officer of the trial court, and shall not tamper with the prosecution evidence in any manner. Application is disposed of. Humdast allowed. JUDGE sahare