BA-586-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.586 OF 2011 Sumit Suresh Lagas ... Applicant V/s. The State of Maharashtra, Thru’ Pimpari Police Station, Pune ... Respondent Mr. P.G. Sarda for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 28 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the annexures to the Bail Application. I am also shown the Inquest Panchanama. 3. The Applicant and other accused in this case are alleged to have committed murder of one Sanjay @ Banya Gaikwad in furtherance of the common intention of all of them. There are 11 other accused in this case, who have already been released on bail. 10 of them have been released on bail by the Court of Sessions itself. BA-586-11.sxw 2 Dixit 4. Undoubtedly, there exists a prima facie case against the Applicant. The learned APP for the Respondent tried to distinguish the role of the present Applicant from that of the other accused by saying that, as per the version of the witnesses, this Applicant allegedly assaulted the deceased on his head by a stone. Her emphasis is on the fact that the deceased had died due to head injury. I find from the Inquest Panchanama that about three injuries were caused to the deceased on his head. 5. Even assuming that the role attributed to the Applicant is some what graver than that attributed to the other accused in this case, the fact remains that the Applicant himself had no motive independent of the others to commit the alleged offence. Mr. Sarda, the learned Advocate for the Applicant, submits that the Applicant is of 19 years and has got good academic record. I am shown his Passing Certificate in respect of Secondary School Examination. This also shows his date of birth as 7th March, 1992. It appears that at the time of incident, he was just above 18 years of age. There are no antecedents. 6. Considering all the relevant aspects of the matter and, more particularly, the facts that the Applicant is in custody since June, 2010, and that all the other accused in this case had already been released on bail, I am inclined to grant one opportunity to the Applicant of availing of liberty. 7. The Bail Application is allowed. BA-586-11.sxw 3 Dixit 8. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount, or two sureties in the sum of Rs.25,000/- each, on the condition that he shall not contact, meet or approach any of the prosecution witnesses, in any manner, whatsoever. [A.M. THIPSAY, J.]