1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION NO.4051 OF 2008 Deepak Tukaram Shinde ..... Applicant. V/s The State of Maharashtra ...... Respondent. Mr. Sachin R. Pawar for the applicant. Mr. Rajesh More, APP for the State. CORAM: V.M. KANADE, J. DATE : 26th February, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 302, 147, 148, 149 of the Indian Penal Code which is registered at Pimpri Police Station vide C.R. No. 494 of 2007. 3. It is alleged that accused No.1 – Baba Randive, his two brothers in law and 4 to 5 other persons assaulted the deceased with sword, knife and stones. There are three eye witnesses to the said incident. None of the three eye witnesses has stated the name of the 2 present applicant as being one of the assailants or being present alongwith other accused. There is only one witness viz. Sunil Veer who has stated that he had seen the present applicant alongwith others, conspiring to kill the deceased. He, however, does not state that he had seen the applicant participating in the said assault. The only other material which is on record against the present applicant is the blood-stained clothes of accused No.1 which were recovered at his instance. 4. In my view, since none of the eye witnesses has named the present applicant as one of the assailants and since the presence of the applicant herein has not been established by the prosecution, in my view, he deserves to be released on bail. Mere recovery of the blood-stained clothes of accused No.1 will not be sufficient to establish conspiracy or any involvement of the applicant in commission of the said offence. 5. Applicant, therefore, be released on bail in C.R. No.494 of 2007 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall not threaten any of the witnesses or try to tamper with the evidence. He shall report to the concerned Police Station once in a month. 6. It is clarified that the Trial Court shall not be influenced by any observations made by this Court while granting bail to the applicant since these observations are prima facie in nature. 7. Application is disposed of. 3 (V.M. KANADE, J.)