1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3944 OF 2007 i) Yogesh Vithal Farate ii)Machindra Shankar Farate .. Applicants versus State of Maharashtra .. Respondent ... Mr.Sandeep S. Salunkhe for the applicant. Mrs.M.M. Deshmukh APP for the State. CORAM : D.G.KARNIK, J DATED : 31st January 2008 P.C.: 1. Heard. 2. After this application was argued at length and it was pointed out by the learned APP that there was a recovery of Koyta used in the offence at the instance of applicant no.1. In view of this learned counsel for the applicant submitted that applicants 2 do not press the application at the instance of applicant no.1. Application by applicant no.1 is therefore dismissed as not pressed. 3. According to the prosecution, there was an enmity between the deceased Rajesh V. Kharate (for short ’the deceased’) and his father Vilas Farate on account of the fact that the deceased had been demanding partition of the property which his father was not willing. According to the prosecution, therefore applicant with the help of his relatives committed a murder of the deceased. Applicant no.2 is stated to be one of the persons who conspired for the killing of the deceased. Admittedly, there is no eye witness. There is no direct evidence of the involvement of applicant no.2 who is a stranger. The offence occurred on 18th June 2007. Applicant no.2 was not named even as suspect in the statement recorded on 18th June 2007. The statement of Anna Ahira and Martand Chavan which were relied upon by the learned APP was recorded on 21st June 2007 and 18th August 2007 i.e. substantially later than the incident. Charge-sheet has been filed. Father of the deceased as well as the applicant no.1 are main accused. Applicant no.2 is also joined as co-accused. 3 4. Taking an overall view of the matter and taking into consideration the nature of the evidence available against him the applicant no.2 is granted bail in the sum of Rs.30,000/- with two sureties of Rs.15,000/- subject to the following conditions (i) the applicant no.2 shall not make any inducement or give any threats to any of the prosecution witnesses nor tamper with the prosecution evidence and (ii) shall attend the concerned police station once a month between 1st and 5th day of British Calendar Month. 5. Application is disposed of accordingly. (D.G. KARNIK, J)