1 BA 711-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.711 OF 2011 1. Nitin alias Appa Nathu Deshmukh.Applicants 2. Anna alias Shahji alias Dinkar Tware V/s. The State of Maharashtra .Respondent WITH CRIMINAL APPLICATION NO.1364 OF 2011 Tanaji Ekanth Nalawade .Applicant V/s. The State of Maharashtra .Respondent Mr.Uday Warunjikar, Advocate, for the Applicant in Cri.Appln.No.1364 of 2011 Mr.Avinash Kamkhedkar, Advocate, for the Applicants in Cri.Appln.No.711 of 2011 Mrs.A.A.Mane, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 13TH OCTOBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2 BA 711-2011 2. These are the two applications for bail by the applicants, who have been arrested and chargesheeted in connection with C.R.No. 82 of 2010 for the offences punishable under Sections 143, 147, 148, 149, 302, 307, 120B of the Indian Penal Code, under Sections 3, 4(25) of the Arms Act and under Sections 3(1) (i), 3(1)(ii), 3(2) & 3(4) of the MCOC Act registered with Dattawadi Police Station for the murder of Sachin Laxman Kudale. An F.I.R. filed by Atul alias Pappu Laxman Kudale, brother of the victim shows that on 8th May, 2010 at about 10:00 p.m. the first informant, the victim Sachin and some others had gone to Dattawadi Police Station to get one Akash Shinde. After getting said Akash Shinde released at about 12:15 past midnight, they were carrying Akash in Maruti van. The victim Sachin was riding a motor cycle along with one Balaji Kadam. Suddenly, there was a fire from the persons, who had come on 4-5 motor cycles. The persons in the car ducked. Yet Atul was 3 BA 711-2011 injured. They claimed to have gone towards Dattawadi Police Chowki & alleged that one Nilesh Ghaiwal fired at the first informant. One Santosh Gavade hurled a chopper at the first informant. On going back they found that Sachin had been injured in the fire and had fallen down from the motor cycle. On being taken to hospital, he died. The entire evidence collected shows that the applicants were merely present along with several others at the time of this incident of assault. It does not show that any of the applicants had participated in the actual assault. The chopper was seized from Nitin alias Appa and kukari was seized from Anna alias Shivaji. However, they have not shown to have used these weapons. Several co-accused similarly placed have been admitted to bail by various orders passed by the Sessions Court. The learned APP could not point out any feature which distinguishes case of the present applicants from that of others, who have been 4 BA 711-2011 admitted to bail. Significantly, supplementary statement of Atul Kudale recorded on 9th May, 2010 makes a reference to one Naikwadi saheb, possibly a police officer, who was travelling at the relevant time in Ford Ikon car. The learned APP asked the investigating officer whether statement of Naikwadi saheb was recorded and has been told by the officer concerned that his statement has not been recorded. Supplementary statement of Atul Kudale recorded on 9th May, 2010 makes an interesting reading and should require higher officers in the police department to think of to what is happening. Considering the fact that co-accused have been admitted to bail and role of the applicants cannot be distinguished from that of others, who have been admitted to bail, applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- each with one or more solvent sureties in the aggregate sum of Rs.50,000/-on the condition that they shall report at the 5 BA 711-2011 Dattawadi Police Station on every Sunday of the month between 10:00 a.m. and 1:00 p.m. for the next three months and thereafter, on the 1st Sunday of the month between 10:00 a.m. and 1:00 p.m. till the trial is over. 3. Criminal Applications stand disposed of. (R.C.CHAVAN, J.)