1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.221/2011 (Santosh Gopala Nawale .vrs. 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 Mr. N.B. Kalwaghe, Advocate for applicant, Mr. D.P. Thakare, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : APRIL 28, 2011 Heard. Though prayer for bail made by the applicant charge sheeted by Risod Police Station as a result of investigation of Crime No.167/2010 for offence under sections 302, 364, 365 & 201 r/w 34 of IPC has been objected by the learned APP on the ground that two more co-accused are still absconding and the applicant was the messenger in between the deceased and absconding co-accused Balabai i.e. for illicit relationship in between them and the prosecution is having material of the talks being ensued in between the deceased and the applicant on 7.10.2010 i.e. the date on which deceased had left the house with a cash amount of Rs.40,000/-, still the prayer for bail will deserve consideration by imposing strict condition as the learned APP was not able to pinpoint any material from the charge sheet showing prima facie involvement of the applicant in commission of offences alleged and as even the talks pointed 2 out in between the deceased and the applicant are regarding the deceased having called the applicant and not applicant having called him. Needless to add that there exists a vast difference in between the prosecution material raising the suspicion and the material showing prima facie involvement in commission of the crime alleged. Having regard to the same but also having due regard that other two co-accused are absconding, it appears necessary to impose the necessary condition to avoid misuse of the order by the applicant. The applicant is directed to be released on bail on furnishing a P.R. Bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with two separate solvent sureties in the like amount and subject to the conditions that the applicant : (i) shall attend the I.O. of said Police Station in between 6.30 pm to 7.30 pm on every Monday, until further orders; (ii) shall stay at the address mentioned in the application and shall not leave the area of Police Station in which the same is situated without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while being on bail. The application stands disposed of. JUDGE Gulande