1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3426 OF 2007 Rajesh Rama Pawar .. Applicant versus State of Maharashtra & Anr. .. Respondents ... Mr.Rahul S. Kate for the applicant. Mr.K.V. Saste APP for the State. Mr.K.S. Patil i/b Prashant S. Hagare for respondent no.2. CORAM : D.G.KARNIK, J DATED : 7th January 2008 P.C.: 1. Heard learned counsel for the applicant, learned APP for the State and Mr.Patil for the original complainant. 2. The applicants are in custody in connection with C.R. No.11 of 2007 for the alleged offences punishable under section 302, 363, 366, 366A, 376, 120-B r/w section 34 of the IPC. The prosecution 2 case in short is that Ujwala, aged about 16 years was in love with Ramchandra Laxman Pawar. On 12th June 2007, Ujwala along with her sister in law (brother’s wife) had been to the field wherefrom she was taken away by her lover Ramchandra with the help of the applicants. The applicant’s sister in law was also in the field. The present applicants killed the sister in law of Ujwala who is said to be the eye witness. Ujwala was missing from 12th June and came to the police station along with her lover Ramchandra on 17th June 2007. Her statement was recorded by the police. In the said statement, Ujwala did not state about the murder allegedly committed by the applicants and witnesses by her. It is only after two weeks i.e. on 3rd June 2007 she made a statement to the police about the role of the applicants and the alleged murder of her sister in law. 3. The applicants are not charged with an offence u/s.376 of the IPC but Ujwala’s lover Ramchandra is charged u/s.376. The applicants are charged for offence u/s.302 of the IPC. There is no eye witness to the crime u/s.302 except Ujwala. There is a discrepancy between her two statements one recorded immediately on her return on 17th June 2007 and second recorded on 3rd July 2007. 3 4. The applicant no.1 is in custody since 26th June 2007 and applicant no.2 is in custody since 4th July 2007. Investigation is completed and charge-sheet has been filed. The applicants have permanent place of residence at the address mentioned in the title of the application. There is no apprehension of applicants being not available for trial in the event they are released on bail. Considering the present pendency of the case in the court, the trial is not likely to commence in the near future. Taking into consideration aforementioned facts and taking an overall view of the matter, I am inclined to grant conditional bail to the applicants. Hence, I pass the following order:- O R D E R O R D E R O R D E R . The applicants be released on bail on personal bond of Rs.30,000/- each and two sureties of the like amount subject to the conditions that (i) the applicants shall not tamper with the prosecution witnesses nor make any attempt to contact the eye witness Ujwala in any manner. (ii) The applicants shall report to the Walchand Nagar police station once every month between 1st and 5th of the British calendar month. In the event of breach of any of the conditions, bail shall be liable to be cancelled. 4 (D.G. KARNIK, J)