1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION APPLICATION APPLICATION NO.2325 OF 2007 NO.2325 OF 2007 NO.2325 OF 2007 Chandrashekar Chandrashekar Chandrashekar @ John Sharad Pawar.. Applicant @ John Sharad Pawar.. Applicant @ John Sharad Pawar.. Applicant vs vs vs The The The State of Maharashtra State of Maharashtra State of Maharashtra ...... Respondent Respondent Respondent Ms.Revati Ms.Revati Ms.Revati Mohite Dere for Applicant Mohite Dere for Applicant Mohite Dere for Applicant Mr.K.V.Saste Mr.K.V.Saste Mr.K.V.Saste A.P.P.for A.P.P.for A.P.P.for Respondent Respondent Respondent CORAM CORAM CORAM : : : V.C.DAGA, J V.C.DAGA, J V.C.DAGA, J DATED DATED DATED : : : 31ST AUGUST, 2007 31ST AUGUST, 2007 31ST AUGUST, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the learned learned learned A.P.P. A.P.P. A.P.P. 2.2.2. The applicant is seeking bail in connection The applicant is seeking bail in connection The applicant is seeking bail in connection with with with C.R.No.279/2006 registered under sections C.R.No.279/2006 registered under sections C.R.No.279/2006 registered under sections 120-B, 120-B, 120-B, 143, 147, 148,149, 302,506 (2) of IPC with 143, 147, 148,149, 302,506 (2) of IPC with 143, 147, 148,149, 302,506 (2) of IPC with Swargate Swargate Swargate police station, Pune. police station, Pune. police station, Pune. 3.3.3. Some of the co accused namely Shrinath Vilas Some of the co accused namely Shrinath Vilas Some of the co accused namely Shrinath Vilas Pardeshi, Pardeshi, Pardeshi, Ramchandra Ramchandra Ramchandra Maruti Shinde, Sandeep Narayan Maruti Shinde, Sandeep Narayan Maruti Shinde, Sandeep Narayan Jagtap, Jagtap, Jagtap, Rakesh Shankar Gaikwad who have taken part Rakesh Shankar Gaikwad who have taken part Rakesh Shankar Gaikwad who have taken part inin in the assault have already been released on bail. the assault have already been released on bail. the assault have already been released on bail. So So So far as the present applicant is concerned, he far as the present applicant is concerned, he far as the present applicant is concerned, he was was was holding a revolver but he did not use it. In holding a revolver but he did not use it. In holding a revolver but he did not use it. In other other other words, he did not fire it. No overt act is words, he did not fire it. No overt act is words, he did not fire it. No overt act is being being being alleged against him. Considering the grant alleged against him. Considering the grant alleged against him. Considering the grant of of of bail in favour of other co- accused persons the bail in favour of other co- accused persons the bail in favour of other co- accused persons the applicant applicant applicant would be entitled for bail on parity would be entitled for bail on parity would be entitled for bail on parity subject subject subject to the following conditions : to the following conditions : to the following conditions : (a) (a) (a) The The The applicant arrested in conection with applicant arrested in conection with applicant arrested in conection with 2 C.R.No.279 C.R.No.279 C.R.No.279 of 2006 registered with Swargate of 2006 registered with Swargate of 2006 registered with Swargate police police police station, Pune shall be enlarged on station, Pune shall be enlarged on station, Pune shall be enlarged on bail bail bail in the sum of Rs.25,000/- with one or in the sum of Rs.25,000/- with one or in the sum of Rs.25,000/- with one or two two two local sureties to make up the said local sureties to make up the said local sureties to make up the said amount. amount. amount. (b) (b) (b) The applicant shall report to Swargate The applicant shall report to Swargate The applicant shall report to Swargate police police police station, station, station, Pune once in a week i.e. on Pune once in a week i.e. on Pune once in a week i.e. on every every every Monday between 3.00 to 5.00 p.m. till Monday between 3.00 to 5.00 p.m. till Monday between 3.00 to 5.00 p.m. till conclusion conclusion conclusion of of of the trial. the trial. the trial. (c) (c) (c) The order of bail will be given effect The order of bail will be given effect The order of bail will be given effect only only only after the applicant furnishes to the after the applicant furnishes to the after the applicant furnishes to the investigating investigating investigating officer the details about his officer the details about his officer the details about his place place place of residence and address where he of residence and address where he of residence and address where he proposes proposes proposes to stay after he is enlarged on to stay after he is enlarged on to stay after he is enlarged on bail. bail. bail. The applicant will not change his The applicant will not change his The applicant will not change his residential residential residential address thereafter till the address thereafter till the address thereafter till the conclusion conclusion conclusion of trial without prior intimation of trial without prior intimation of trial without prior intimation toto to the investigating officer. the investigating officer. the investigating officer. (d) (d) (d) The applicant shall not directly or The applicant shall not directly or The applicant shall not directly or indirectly indirectly indirectly make any inducement or threat or make any inducement or threat or make any inducement or threat or pressurise pressurise pressurise any prosecution witnesses and any prosecution witnesses and any prosecution witnesses and shall shall shall not in any manner tamper with the not in any manner tamper with the not in any manner tamper with the prosecution prosecution prosecution evidence. evidence. evidence. (e) (e) (e) The applicant shall co-operate with the The applicant shall co-operate with the The applicant shall co-operate with the investigating investigating investigating agency for disposal of the agency for disposal of the agency for disposal of the case. case. case. It is needless to mention that breach It is needless to mention that breach It is needless to mention that breach of of of any of the conditions by the applicant any of the conditions by the applicant any of the conditions by the applicant shall shall shall result in cancellation of bail. result in cancellation of bail. result in cancellation of bail. (f) (f) (f) Any observations made in this order Any observations made in this order Any observations made in this order shall shall shall not be construed as finding or not be construed as finding or not be construed as finding or expression expression expression on merits of the case at the time on merits of the case at the time on merits of the case at the time of of of trial. trial. trial. 4.4.4. Application stands disposed of accordingly. Application stands disposed of accordingly. Application stands disposed of accordingly. JUDGE JUDGE JUDGE