1 Cri-A-107-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 107 OF 2011 Shri Somanath Namdeo More. ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Kuldeep S.Patil,Advocate, for the applicant. Mrs.G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 3rd February, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.178/2010 registered at Dehuroad Police Station, Dist. Pune, under Sections 302, 307, 504, 506 read with Section 34 of IPC and under the Arms Act. 2. Deceased Bhanudas Dattatray More, injured Gulab More and Vilas More are the cousins of both the accused Navanath and Somanath, who are real brothers inter-se. It appears that there was some dispute between the accused persons on one hand and the deceased Bhanudas on the other. On 4.6.2010, at about 4.45 p.m. a truck carrying sand of Bhanudas was obstructed by Shalinitai, moother of the accused persons. Within a short time, both the accused Somnath 2 Cri-A-107-11.sxw and Navanath came there and exchange of hot word took place. At that time, accused Navanath slapped Bhanudas More, due to which Bhanudas fell on the ground. As soon as Bhanudas got up, Navanath fired at him thrice from his licensed revolver. Due to this, Bhanudas fell injured. Immediately Navanath also fired two shots on Vilas More and when Gulab More tried to run away, Navnath fired on him from behind and injured him. After the incident, all the three injured persons were taken to Hospital where Bhanudas was declared dead and other two persons were given treatment. About that incident, report was immediate lodged by one Hemant More, who was not eye-witness. It appears that the statement of witnesses were recorded after few days. On 13.6.2010, statements of Ranjana wife of Bhanudas and Surekha wife of Vilas More were recorded. They narrated the whole story. It appears that the statement of Vilas More was recorded on 16.7.2010 and statement of Suresh was recorded on 5.7.2010. In their statements, for the first time, it was revealed that accused Somnath, who is the applicant before this Court, had caught hold of Vilas at the time of the incident. Except the belated statement, there is nothing on record to show that the applicant had participated in the actual firing or his complicity in the commissin of the offence. 3. Therefore, the applicant be released on his executing P.R. of Rs. 25,000/- with one surety in the like amount with condition that he shall not tamper 3 Cri-A-107-11.sxw with the prosecution evidence and shall also attend the Police Station every Sunday between 6 p.m. and 8 p.m. till the end of the trial. (J.H.BHATIA,J.)