1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1882 OF 2010 (Pundalik Vyalaji Asolkar and others .v. 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. Shri A.S. Mardikar, Advocate for the applicants. Shri C.N. Adgokar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 14TH DECEMBER, 2010. Heard. By way of present application, the applicants are seeking regular bail for the offence punishable under Sections 326, 147, 148, 149, 506 of the Indian Penal Code vide Crime No. 144/2010 registered with the Police Station, Achalpur. At the outset, the learned Counsel for the applicants submits that he is not pressing the application for applicant Nos.1, 2, 3, 4, 6 and 7 and seeks permission to withdraw the same with liberty to move fresh application as and when occasion arises and as provided under the provisions of law. Permission granted. Criminal Application insofar as applicant Nos.1, 2, 3, 4, 6 and 7 is concerned, is accordingly allowed to be withdrawn with liberty as prayed for and disposed of as such. Learned Counsel for the applicants submits that applicant No.5 – Atmaram Narayan Asolkar is a person of advanced age i.e. 73 years. He further submits that even bare perusal of the report would show that the allegations against applicant No.5-Atmaram are only that he gave a call to the victim and the other accused persons who assaulted the victim with the help of pipes and sticks. He further submits that in the report, there is no role attributed to Atmaram and the only allegation that the applicant-Atmaram picked up quarrel with the victim. Learned Counsel submits that there is no material against the applicant and the applicant being of advanced age, he be enlarged 2 on bail. Per contra, learned APP has strongly opposed the application by filing reply on behalf of the respondent/State. He further submits that asper the investigation, the applicant No.5- Atmaram is the person who has provided financial aid to the accused persons. He invites my attention to the statement wherein it is stated that the applicant/Atmaram also took active part. The statement recorded by the investigating agency is of dated 14th November, 2010. It is not in dispute that in the report lodged by the father of the victim, who himself is also a witness to the incident has not stated anything against the applicant No.5 either about his participation in the offence or about using any weapon. The fact is also not disputed that the applicant/Atmaram is 73 years of age. There is considerable merit in the submission of the learned Counsel for the applicant that at this stage it is very difficult for the applicant No.5/Atmaram to indulge himself in tampering any evidence or pressurising the witnesses. In view of the material placed before me, I am of the opinion that prima facie case is made out. In the result, the application is allowed. The applicant No.5-Atmaram Narayan Asolkar be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant No.5 to cooperate with the investigating agency and attend the Police Station, Achalpur on every Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant No.5 shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant No.5 to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant No.5 is moving out of the area of Police Station, Achalpur, he shall inform the Police Station 3 about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.