1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 153 OF 2010 Daulat Kadar Khan. ..Applicant. Vs. State of Maharashtra. ..Respondent. Mr.M.V. Khatavkar for the applicant. Mr.A.S.Gadkari, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 12th April, 2010 PC : 1 This is an application for grant of bail. The applicant is under going trial in Sessions Case No.714/2009 pending on the file of the Sessions Court, Sewree, Mumbai for the alleged offence under Section 302 read with 34 of the IPC. The deceased is one Dinbandhu Kailas Jena @ Shankaranna. The incident in question took place on 13.9.2009 and the FIR is recorded on 14.9.2009. The complainant is the injured. It is an admitted position that the 2 knife blows were given to the deceased by accused No.1 Vishwas who is not the applicant before the court. In so far as present applicant is concerned, he is alleged to have instigated Vishwas to stab the deceased. In this regard, it is so mentioned in the complaint which is now treated as dying declaration and it is also stated in the statement of the daughter of the deceased. The alleged instigation is not found in the statements of the three eye witnesses i.e. Sachin, Naresh and Mahesh. Taking into consideration the aforesaid facts and the fact that the applicant was not carrying any weapon, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in Sessions Case No.714/2009 on the file of Sessions Court, Sewree, Mumbai the applicant may be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he will stay out of Greater Bombay and Bombay Suburban till the disposal of his trial and enter the Mumbai city only for the limited 3 purpose of reporting to the Investigating officer on every first and third Monday between 11.00a.m. and 5.00p.m. till the disposal of the trial and also subject to further condition that he will remain present on all the dates of the trial in the trial court and for which purpose he will be entitled to enter the Greater Bombay, unless he is exempted by the court. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)