1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 189/2011 (Rajesh Gangacharan Trivedi .vs. State of Maharashtra through PSO PS Murtizapur, District Akola. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.S. Sundaram, Advocate for Applicant. Mr. S.B. Ahirkar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MAY 03, 2011 Heard. Though prayer for bail made by the applicant charge sheeted by Murtizapur Police Station in connection with Crime No.22/2010 registered on 25.1.2010 for offences under Sections 302, 307, 143, 427 and 504 read with 34 of IPC is strongly objected by the learned APP on the count of involvement of the applicant for the commission of offences being borne from the material collected during the investigation and as the incident had occurred at a public Dhaba, still the same will deserve consideration having regard to the submissions of the learned counsel for the applicant being found to be in consonance with the material in 2 the charge sheet perused i.e. the incident in question being not outcome of any pre-planned intent and having occasioned at spur of moment due to supply of improper food at which applicant and co-accused had been, the injuries inflicted upon the deceased being only two in numbers and in multiples and again same being not on vital part of his body i.e. being on buttock and neck and the account of incident as revealed from the FIR and the statement of two eye witnesses i.e. Mohd. Irfan and waiter Raju from the said Dhaba considered in proper perspective prima facie giving an impression that the applicant then may not be entertaining an intention more than assaulting deceased with knife available and not carried by the applicant; all other co- accused being already released on bail; the applicant having remained in custody since his arrest for a period more than about 15 months; trial against him still having not commenced and applicant suffering from serious ailment of lumber and not responding to the treatment received at the Government Hospital. The same will deserve consideration having regard to the submission of presently there being compelling need of better alternate treatment for him and the same being found some what supported from the matters stated in the say regarding the said aspect filed by the prosecution. The same will deserve consideration as the apprehension expressed by the learned APP regarding the prosecution evidence getting tampered can be taken care of by imposing suitable conditions and no much credence can be given to the submission canvassed by the learned APP regarding applicant being 3 also facing other cases in view of the submission made by the learned counsel for the applicant regarding the same that in one of the offences the applicant has been acquitted while in others , he has been released on bail. In view of the same, 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/- ( Rs. One Lac) with one or more sureties to make up the said amount and subject to the conditions that applicant - (i) after his release on bail, shall stay outside the Akola and Chandrapur districts and shall intimate his place of abode to the investigating officer and shall not change the same without the permission of the trial Court and shall also attend the said local Police Station within whose jurisdiction he would be staying everyday in between 11 & 1 p.m. for a period one month and thereafter on first Monday of every month until further orders save except being hospitalized in the said period but subject to sending written intimation about the same to the I.O. through his advocate; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iii) shall not commit any offence while on bail. The application stands disposed of. Criminal APPP No. 377/2011 Heard. In view of the order passed on main 4 application, the application does not survive and accordingly stands disposed of. JUDGE halwai