IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO. 358/2008 Raman Sahare ..vs.. State tate =================================== CORAM: S.R. DONGAONKAR, J. DATE:18.2.2008 Heard Mr.Daga, Advocate for the applicant and Mr. Thakre, A.P.P. for state. Applicant along with other accused is facing trial for the offence punishable u/s 147, 148, 149, 323, 427, 302 r/w section 135 of the Bombay Police Act arising out of Crime No.98/2007 of P.S. Salekasa. It is contended that 32 accused have been released on bail by the trial court and 2 accused have been released on bail by this court by order dated 28.11.2007 in Criminal Application No.3303/07. In the said application, it was observed that on perusal of the statement of the relevant eye witnesses, it was found that the applicants are assailant on the deceased who gave only stick blows and no injuries by deadly weapon were caused. In fact deceased died due to burn injuries which had happened by pour of kerosene as well as setting fire to him by other two accused – Subhash Junghare and Sanjay Sahare who are in jail. Learned APP is unable to distinguish the case of the present applicant with that of Rajesh and another who were released on bail by order of this court on 28.11.2007 referred to above. In these circumstances, applicant can not be denied bail. Hence the applicant be released on bail o furnishing surety and PRB of Rs.20000/- subject to condition that he shall not directly or indirectly tamper with the prosecution evidence, so also shall not enter the village Kawadi – Anjora without intimation to P.S.O. Salekasa until further orders. Bail in trial court. Application stands disposed of. JUDGE smp.