( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4722 OF 2010 Jalbaji Kishan Kale APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. V.M. Mane, advocate for the applicant. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 21st December, 2010] PER COURT : 1. Heard. 2. The application is for anticipatory bail. 3. On consideration of the material collected during course of investigation, it transpires that no particular role is attributed to the applicant in the alleged act of the culpable homicide. The main accused seems to have given confessional statement wherein the applicant is named as a person present around the place of incident when the deceased was assaulted and done to death. ( 2 ) 4. The FIR is lodged by the son of the deceased. The FIR purports to show that the FIR was lodged against unknown persons. It is during course of investigation that the main accused was apprehended and recovery of knife is effected. The mere presence of the applicant alongwith the main accused by name Vishwanath and Gangadhar, by itself, is insufficient to rope in him as the co-conspirator or accomplice as such. Considering these aspects, the interim order dated 25th November, 2010 is confirmed, on condition that the applicant shall attend the concerned Police Station between 10 a.m. and 2 p.m. and shall render effective cooperation during the investigation. He shall appear before the I.O. on four (4) consecutive Sundays hereafter and if any recovery is effected, during the period of such interrogation/detention, it will be deemed as recovery under section 27 of the Evidence Act. The application is accordingly allowed. [V.R. KINGAONKAR] JUDGE NPJ/criapln4722-10 ( 3 )