1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1420 of 2010 Mehmood Khan Rehman Khan Pathan ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Washim, Dist. Washim Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.B.Mirza, Advocate for the applicant. Mr. A.S.Parihar, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 30 th September , 2010 . Heard. This application has been filed by the applicant for grant of bail in Crime No. 180/2010, registered at Police Station, Washim for the offences punishable under Section 143, 147, 148, 149, 323 and 302 of Indian Penal Code. Mr. Mirza, learned Advocate for the applicant submits that the applicant is an agriculturist and also supplying his Tractor on hire. Learned Advocate is seeking bail on the following grounds : a] The applicant is roped in the said crime only because of the enmity. b] The applicant is 60 years of age and there is no criminal antecedents. c] Bare perusal of FIR would show that the informant has nowhere stated presence of the applicant. d] The allegations of assault are alleged against the son of the applicant and some other persons. 2 e] Except the additional statement, which was recorded on next day of the incident i.e. on 21/5/2010 about the presence of the applicant, there is no material available with the investigating agency so as to show involvement of the applicant in the said crime. Learned APP opposed the application on the ground that there is material on record against the applicant and if the applicant/accused is released on bail, there is every likelihood of tampering with the prosecution evidence. Perused the application and the material placed on record. Perusal of the record show that except the statement of Habib Kha making mention of presence of the applicant on the spot along with other accused persons having stone in his hand, no role is attributed to the applicant. Learned Advocate for the applicant submits that the applicant is aged 60 years and no material purpose will be served by keeping the applicant behind the bars. He further submits that the applicant is ready to cooperate with the investigating agency and ready to abide by the conditions imposed by the Court. Learned Advocate further submits that the investigation is concluded and the Charge sheet has been filed by the I.O. and as such there is no requirement of the applicant which would necessitate his presence with the investigating agency for investigation. The fact of completion of investigation and filing of charge sheet is not disputed. In view of the above facts, I find that the applicant has made out a prima facie case for grant of bail. In the result, the application is allowed. The applicant be released on bail on his furnishing P.R. bond of Rs.25,000/- with one solvent surety in like amount, on the 3 following conditions. i] The applicant to cooperate with the investigating agency and attend the police station, Washim as and when called by the Investigating Officer. ii] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. iii] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. iv] The applicant shall not leave the area of police station, Washim without prior intimation to the I.O. In case the applicant is moving out of the area of police station, Washim, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale