1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3091/2009 ( (1) Motilal Shankar Shnde and 2 others vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr R M Daga, Adv. for applicant Mr D B Patel , APP for Respondent-State *** C ORAM : A.P. BHANGALE, J. DATED : 09 th October, 2009. 1. Heard learned counsel for the respective parties. 2. The applicants are seeking bail in connection with Crime No. 26/2007 reported at Salekasa Police Station, Gondia for offence punishable under sections 147, 148, 302, 201, 120-B, 109, 341, 420, 108 read with section 149 of the he Indian Penal Code, which was reported against unknown persons. According to learned Advocate for the applicant on the basis of statements made by the co-accused against each other, the applicants came to be implicated in the crime. Furthermore, it is submitted that there is no evidence prima facie against the applicant to believe their involvement in the offence of murder. 3. Learned APP objected grant of bail on the ground that it is a case based on circumstantial evidence and it was a murder committed as a result of contract killing. 4. Learned Advocate for the applicants contended that those who were involved, according to prosecution, to kill the deceased as mentioned in para no. 8 of the reply, namely, Sachin Neware and Shankar Tagade were already released on bail by the trial Court. The present applicants are in jail since last two and a half years and are still awaiting trial, although chances of their conviction in the case is remote. 2 5. Upon hearing the submissions of rival parties, I think the applicants are entitled for conditional bail. Hence the following order: The applicants be released on bail in connection with with Crime No. 26/2007 reported at Salekasa Police Station, Gondia for offence punishable under sections 147, 148, 302, 201, 120-B, 109, 341, 420, 108 read with section 149 of the Indian Penal Code, upon executing PR bond in the sum of Rs.25,000/- by each of them, with one or more sureties in the equal amount, provided that they shall inform their permanent address/ change in the address with phone/cellphone number to the Investigating Officer as well as trial Court, and shall attend the sessions trial on each date of hearing; and shall not tamper with the prosecution evidence. The applicants shall not commit any crime while on bail. Humdast granted. Application stands disposed of. JUDGE. sahare