BA-393-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.393 OF 2011 Shashikant Pandurang Tawre ... Applicant V/s. The State of Maharashtra, Thru’ Shivaji Nagar Police Station, Pune ... Respondent Mr. Subhash Jha, i/b. Mr. Subhash P. Hulyalkar, for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 20 TH JULY, 2011. P.C. : 1. Heard. 2. When the matter was partly heard on 8th June, 2011, it was thought that the report from ballistic expert would be relevant in the matter. For that purpose, time was granted so as to enable the learned APP for the Respondent to keep the Investigating Officer present and enlighten the Court on this Aspect. Again, on 12th July, 2011, the learned APP sought time for obtaining the ballistic expert's report. The Investigating Officer, who was present before the Court on that day, sought time to get such report from the Forensic Science Laboratory. However, yesterday, the Investigating Officer was not present. The matter was kept today. The learned APP states that intimation has been given to the Investigating Officer, but, still, he is not present today. BA-393-11.sxw 2 Dixit 3. Under these circumstances, after having gone through the Bail Application and having glanced through the annexures thereto, I am not inclined to adjourn the matter any further. 4. It is an admitted position that the Applicant is not the actual assailant. The actual assailant is said to be one Prakash Choudhari (the accused No.2), who is in custody. Except the said Prakash Choudhari (the accused No.2) and the present Applicant (the accused No.5), all the other accused have been released on bail. 5. Mr. Jha, the learned Advocate for the Applicant, has pointed out to me that even the accused No.3-Nagesh Chate, who was, allegedly, sitting in the car of the victim and is supposed to have got down from the car after a shot was fired at the victim, has been released on bail. 6. Even otherwise, the Applicant is in custody since last one year. The trial has not yet commenced. No antecedents are reported. 7. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail. 8. The Bail Application is allowed. 9. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount. [A.M. THIPSAY, J.]