IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3492 OF 2008 CRI.APPLICATION NO.3492 OF 2008 CRI.APPLICATION NO.3492 OF 2008 Arjun Nimay Naik, .. Applicant Vs The State of Maharashtra, .. Respondent Mr V.V.Purwant, for the applicant. Ms P.P.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 26/11/2008 DATE : 26/11/2008 DATE : 26/11/2008 PC: PC: PC: 1. Heard Mr Purwant, learned counsel for the applicant and Mr Shinde, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.I-274 of 2007 of police station, Ulhasnagar. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under section 302 read with 34 of IPC. 3. It is the prosecution case that on the intervening night between 27th and 28th November, 2007, two persons committed murder of one Madhav Gaikwad. Panchanand Khatwa is an eye-witness to the incident. Though in his initial statement recorded on 28.11.2007 he has not stated anything about the incident, in his statement dated 29.11.2007 he has given a detailed description as to how the incident occurred. He has named the persons, who allegedly killed the deceased. It is clear from his statement that he knew the applicant, however, he has not attributed any overtact to the applicant, nor is he named as one of the assailants. Similarly, another eye-witness Deepbindu Giri also does not name the present applicant and her statement is consistent with the statement of Panchanand Khatwa. She has also stated that two persons assaulted and killed the deceased. Having considered overall facts and circumstances of the case, I am inclined to enlarge the applicant on bail. Hence, the following order. . The applicant to be released on bail in the sum of Rs.20,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station on 1st and 3rd Saturday of every month between 7 and 8 pm till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)