IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATON No. 4604 OF 2008 Somnath Lalman Prajapati ... Applicant Vs State of Maharashtra ... Respondent Mr. V.V.Purvant, for the Applicant. Mr. J.P. Yagnik, APP for the Respondent. CORAM: P. D. KODE, J. DATED: FEBRUARY 13, 2009. P.C.: ---- . Heard learned counsel for the applicant and the learned APP for the State. The applicant/ accused arrested on 25th June, 2008 and chargesheeted by Shantinagar Police Station, Bhiwandi for commission of an offence under section 307 of I.P.C, has prayed for bail. 2. In short it is the prosecution case that on 22nd June 2008 at about 11.30 a.m. when first informant along-with Pappu @ Ananta and Ambadas were returning back after attending the funeral, the accused /applicant had approached from behind and had started assaulting Pappu by means of knife, during the said course he had given three blows to Pappu causing him two injuries. - 2 - 3. After considering the material in the chargesheet and the report submitted by the learned APP, the gravity of the offence, the nature of the weapons used, the motive behind the crime, the fact of accused being in custody for more than eight months, there appears substance in the submission made by learned counsel for the applicant/accused that discretion deserves to be exercised for releasing the applicants on bail, on conditions, as deem fit, hence the following order. ORDER . The applicant-Somnath Lalman Prajapati be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- with two solvent sureties in the like amount, in connection with C. R. No. I-207/2008, registered with Shantinagar Police Station, Bhiwandi subject to following conditions- (i) The applicant shall attend Shantinagar Police Station, Bhiwandi once in a week for a period of two months. (ii) The applicant shall not tamper with the - 3 - prosecution evidence or make any attempt to give threats to the prosecution witnesses. - 4 - (iii) The applicant shall not commit any offence after he is released on bail. The Application stands disposed of accordingly. [ P.D. KODE, J.]