1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.97/2011 (Ravindra Bhaurao Ramteke and one .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Shashikant Borkar, Advocate for applicants, Mr. A.S. Sonare, APP for respondent/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 25, 2011 Heard. Though the prayer for bail made by the applicants charge sheeted by Gondia (Rural) Police Station in connection with Crime No.100/2010 registered for offence under sections 302, 452, 506-B r/w 34 of IPC on 28.6.2010 is vehemently objected by the learned APP on the ground that the involvement of the applicants for the offence for which they are charge sheeted being borne out from the first information report and the statements of the two eyewitnesses, still for the present applicants, the same will deserves consideration as submission of the learned counsel for the applicants that the material in the chargesheet accepted as it is does not reveal the applicants being armed with lethal weapon such as iron pipe alike co-accused, nor the 2 same shows that they had brought the sticks along with them at the spot of incident and there being six days delay in lodging report i.e. incident having occurred on 23.6.2010 in between 3 to 4 hours and the report being lodged on 28.6.2010 and the chargesheet not containing material regarding assault with stick being precisely cause of death nor there being any independent material to indicate that the deceased had succumbed to death on the date of incident as alleged or that his funeral is taken place on the same day and incident occurred being not preplanned incident and had occurred at the spur of moment due to one of the co- accused getting enraged due to deceased having uttered the words whether he was fool and most unnatural conduct of not reporting about death occurred to police for prolonged period of six day being prima facie found supported by the material in the chargesheet and particularly there being paucity of material regarding the cause of death, the discretion deserves to be exercised in favour of grant of bail to applicants by imposing certain strict conditions for ensuring the presence of applicants at the trial and for taking care that the prosecution evidence is not tampered as apprehended by the prosecution. Hence the order : The applicants are directed to be released on bail in connection with Crime No.100/2010 of Police Station, Gondia (Rural) upon each of them furnishing P.R. Bond in the sum of Rs.1,00,000/- with one solvent surety each in the like amount and subject to the conditions that applicants - 3 (i) after their release on bail, shall not reside within the local limits of Batana village and shall intimate their place of abode to the investigating officer and shall also attend the aforesaid Police Station in between 11 am and 2 pm on every Monday for a period of three months and, thereafter, on first Monday of every month until further orders and shall not change the same without the permission of the court; (ii) shall not indulge in any activity of tampering prosecution evidence, (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande