[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3575 OF 2007 Sampat Narayan Mankar ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.Sudhir Halli i/b Mr.Subhash Hulyalkar Advocate for Applicant Mr.J.P.Yagnik A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : FEB. 22, 2008 DATE : FEB. 22, 2008 DATE : FEB. 22, 2008 IN CHAMBER AT 2.40 P.M. IN CHAMBER AT 2.40 P.M. IN CHAMBER AT 2.40 P.M. P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.111 of 2006 of Haveli Police Station, Pune. The said case is under Section 302 of IPC. The applicant had earlier preferred application for bail before this Court which came to be rejected by order dated 30.4.2007. 3. The learned advocate for the applicant has submitted that there are two accused in the present [-2-] case and no witness has stated what is the role played by the present applicant. No witness has stated that it was the applicant who had given blows. Besides this, the applicant has clean record. However, the learned APP submitted that the applicant was involved in one other case i.e. C.R.No. 205 of 2003 of Haveli Police Station. The learned advocate for the applicant has submitted that the applicant has been acquitted in the said case and he has produced judgment and order dated 19.1.2005 in Sessions Case No. 110 of 2004 passed by the learned Vth Ad-hoc Addl. Sessions Judge, Pune. The learned APP on instructions states that the applicant in fact, has been acquitted in the said case. However, the learned APP has submitted that there are other non-cognizable cases registered by the witnesses in the present case wherein the witnesses have stated that threats have been given by the accused persons to them. The said non-cognizable cases are N.C.No.780 of 2006, 860 of 2006 and N.C.No.238 of 2008 of Haveli Police Station. On perusal of said N.C.cases, it is seen that no allegation has been made against the present applicant in any of these three cases. [-3-] 4. The applicant has been in custody since almost two years. Mainly looking to this fact and the other facts and circumstances of this case, I am inclined to release the applicant on bail. 5. The applicant-Sampat Narayan Mankar to be released on bail in the sum of Rs.30,000/- (Rs. thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Haveli Police Station twice in a week till the conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.]