1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.73/2011 (Anup @ Balu Kashinath Rithe .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Daga, Advocate for applicant, Mr. D.P. Thakre, APP for non-applicant. .......... CORAM : P.D. KODE, J. DATED : MARCH 21, 2011 Heard. The submission of learned counsel for the applicant that the applicant was arrested two days prior to even recording of statement of sole eye witness Sunil Gujar on 16.9.2010 for the murder of Sachin, who had succumbed to the death, due to injuries sustained by him in an assault, which was made in night in between 31.8.2010 and 1.9.2010 at Kesalapur Shivar and his further submission that even the matters stated in the said statement belatedly recording fails to reveal the act precisely committed by the applicant and same containing generalized bald statements of three persons having caught the deceased, prima facie being out of the tune of probability factor and furthermore the contrary statement regarding the role played by the applicant being found in a statement of the said witness recorded u/s 164 of Cr.P.C. i.e. applicant was sitting in van (and not amongst who were involved in incident of attack occurred outside van) 2 being prima facie found supported by the material in the charge sheet and so also the copy of 164 statement placed today on record by the learned APP (marked ‘X’ for identification) and even after taking into consideration the manner in which the incident has allegedly occurred i.e. after travelling various places by van, the prayer for bail made by the applicant will deserve credence. The same will deserve consideration as the investigation has been already completed and charge sheet has been filed on 10.12.2010. However, having regard to the nature of the crime alleged against him, it appears proper to seek heavy bail and to impose proper conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend the I.O. of Police Station, Bela, District- Nagpur in between 11.00 am and 2.00 pm on every Monday, until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande