1 1 1 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 CRIMINAL APPLICATION NO.3723 OF 2008 Atul Prabhakar Nadhe .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Abhaykumar Apte for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 5TH DECEMBER, 2008. DATED : 5TH DECEMBER, 2008. DATED : 5TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.181 of 2008 of Vishrambaug police station, Pune. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC. 3. According to the prosecution there was an enemity between the deceased and one Yogesh Thombare over some money transaction. The alleged incident occured on 21.5.2008 at 1.30 pm. It is alleged that Yogesh Thombare and Yogesh Shivekar assaulted the deceased with sickle in their hands, when the present applicant was instigating them to hit the deceased. 2 2 2 The father of the deceased is the complainant and he has made specific reference to the oral dying declaration made by his son while he was being taken to the hospital. He has stated that the deceased told him that Yogesh Thombare assaulted him. The complainant has not named the applicant in the FIR as one of the assailant. Even the statement of Prakash Fadtare is consistent with the statement of Tanaji Ghate. Considering the role attributed to the present applicant and 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.25,000/- 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 every Saturday 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.)