1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 4/2011 ( Harjitsingh Ajabsingh Garewal .vs. State of Maharashtra through PSO PS Jaripatka ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.A. Jaiswal, Advocate for Applicant. Mr. D.P. Thakre, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JANUARY 31, 2011 Heard. By the present application, one more accused charge sheeted by Jaripatka Police Station in connection with Crime No. 249/10 registered for offence under Section 302 read with 34 of IPC has prayed for bail. The said crime was registered on FIR lodged by one PSI Achal Ishwarprasad Mudgal on 16.7.2010. The perusal of the same reveals that one of the charge sheeted accused namely Pappi @ Jitendra Gopichand Lalwani had given a report at the said Police Station and in consonance to that a dead body of Sunil @ Lingo Raju Ingley was found at Mangalwari Market, Hiranagar Chowk and thereon crime was registered. As a result of investigation effected in the said crime, said Jitendra, present applicant and one more Rahul Rewaram 2 Bagade are charge sheeted by the said Police Station. In short it is the case of the prosecution that on the relevant day as asked by the deceased by coming to house of Jitendra, he had been to Mangalwari Bazar and the applicant and the other co-accused Rahul had then accompanied him. It is further prosecution case that at the said place deceased having teased/hooted said Jitendra regarding murder of brother of deceased, during the altercation occurred the incident had taken place. The learned APP is unable to refute the submission of the learned counsel for the applicant that said co-accused Rahul Rewaram Bagade has been released by this Court for the detail reasons recorded in the order dated 13.12.2010. The learned APP is also unable to refute the further submission of the learned counsel for the applicant that the case of the present applicant cannot be said to be standing on higher pedestal that the said applicant. After perusal of thee material in the charge sheet, upon specific query made the learned APP was not able to pinpoint any other material other than the stains of blood being found upon the clothes of the deceased and even the statement of Cylinder @ Surendra Domde to whom the main applicant had made extra judicial confession prima facie does not reveal the applicant having played any active role in causing murder of deceased. Needless to add that no other significant material has been brought to notice prima facie establishing nexus of applicant with murder of deceased. Thus having due regard to such character of prosecution evidence, the applicant 3 has made out a case for releasing him on bail. Hence the order. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.25,000-/- with one solvent surety in like amount subject to the conditions that applicant - (i) after his release on bail, shall not stay within the local limits of Jaripatka Police Station, Nagpur and shall intimate his place of abode to the investigating officer and shall also attend the said local Police Station within whose jurisdiction he would be staying on every Monday for a period of three months and thereafter on first Monday of every month until further orders and shall not change the same without the permission of the trial Court. However, he is permitted to enter Nagpur City only for attending the trial Court proceedings; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai