1 BA-1587.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1587 OF 2011 {For Bail} Sharad Bhimrao Barve .... Applicant Vs. The State of Maharashtra .... Respondent S/Shri S.V. Kotwal i/b Ganesh Mohite for the Applicant. Ms M.R. Tidke, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: OCTOBER 11, 2011 P.C: 1. This is an application for bail by one Sharad Barve who has been arrested and charge- sheeted for the murder of one Sandeep Bhalerao. Co-accused Ravi Fad was granted bail by the learned Additional Sessions Judge by his order dated 10-6-2011. Another Additional Sessions Judge before whom the present applicant's application was placed rejected the same by his order dated 2-9-2011 observing that the case of the applicant was not identical to the case of Ravi Fad. The learned APP too states that the case of the present applicant is distinguishable from the case of Ravi Fad, who 2 BA-1587.11 has been granted bail. However, as pointed out by the learned counsel for the applicant, clothes and weapons have been recovered from both the applicant and Ravi Fad. The oral dying declaration made by deceased Sandeep about which Pratibha Jagtap made a statement on 6-2-2011 mentions the names of both Ravi Fad as well as Sharad Barve in the same breath. Considering this, it would be difficult to distinguish the case of the present applicant from that of Ravi Fad. The learned APP also pointed out that one of the co-accused Krishna Pandurang Lavate was allowed to withdraw his application when it was indicated by this Court that he would not be granted bail. His case is different, since his name is mentioned in the FIR itself. 2. In view of the above, the application is allowed. The applicant be released on bail in C.R. No.25 of 2011 of Upnagar Police Station, Nashik on his furnishing P.R. Bonds in the sum of `20,000/- with one surety in the like amount on the condition that he shall not enter in the locality of Diamond Nagar, Artillery Centre Road, Nashik Road till the conclusion of the trial. He shall keep himself away from the prosecution witnesses, shall not 3 BA-1587.11 leave the jurisdiction of the trial Court till the conclusion of the trial, shall not tamper with the prosecution evidence and shall remain present before the trial Court on every date on which trial may be fixed. The application accordingly stands disposed of. (R.C. CHAVAN, J.)