1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1778 OF 2010 Mr.Baban Chimaji Shinde ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.S.M.Sabrad for the Applicant. Smt.V.R.Bhosale, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 15h April, 2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No. 111/2009 registered by Niphad Police Station, Nashik for the alleged offences under Sections 302, 201, 323, 504 and 506 read with 34 of the I.P.C. The prosecution alleged that the applicant has killed his real brother by name Sanjay Shinde. Sanjay Shinde s body was found in the well. There are two minor abrasions on his body, otherwise the cause of death is drowning. The incident took place 2 on 27.4.2009. The complaint is however, filed after about four months by the wife of the deceased Mangala. The police have recorded the statement of one of the cousin brother of the accused Shyamrao Shinde on 14.8.2009. The second statement of the same witness has been recorded on 11.9.2009. There is material discrepancy between the two statements and Shyamrao Shinde nowhere states as to why he was silent for more than four months after the incident. Taking an over all view of the matter, I am inclined to grant bail to the present applicant. It is therefore, directed that pending his trial in connection with C.R. No.111/2009 registered by Niphad Police Station, Nashik, the applicant will be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that he will report to the Investigating Officer once in a fortnight on every 1 st and 3 rd Monday between 11 A.M. and 5.P.M. and will remain present on all the dates of the trial in the trial court unless exempted. Application is disposed off. 3 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)