IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4448 OF 2008 CRIMINAL APPLICATION NO. 4448 OF 2008 CRIMINAL APPLICATION NO. 4448 OF 2008 Pramod @ Gadlya Rajaram Madhavi ...Applicant/ Orig.Accused No.2 vs. The State of Maharashtra ...Respondent Mr.Nitin Pradhan for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 14, 2009 DATED : JANUARY 14, 2009 DATED : JANUARY 14, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. This is an application for bail filed by the original accused no.2. The original accused nos.1 and 2 have been arrested by the Kalyan Taluka Police Station for the offence punishable under Section 302 read with Section 34 of the IPC. It is alleged that accused no.1 was Union leader and the present applicant - accused no.2 was his nephew. The deceased was also a rival Union leader. There was a long standing dispute between original accused no.1 and his union and the deceased and his union. Eight months prior to the incident, it is - 2 - alleged that the deceased and his followers had tried to murder original accused no.1 and in order to take revenge, original accused no.1 had given a contract to kill the deceased. Accordingly, when the deceased had taking his morning walk and had returned home, four persons assaulted him with knives and other lethal weapons and as a result of the injuries which were inflicted, the deceased died on the spot. A complaint was registered on 28th May, 2008. Both the accused were arrested on 30th May, 2008. On the next day, the statements of two witnesses were recorded in which they have stated that they overheard accused nos.1 and 2 of giving a contract to eliminate the deceased. Apart from these two statements which are recorded one day after the accused were arrested, there is no material to connect the present applicant - original accused no.2 with the commission of the said offence. Even in these two statements of these two witnesses, it is not mentioned that the present applicant had taken any part in the alleged conspiracy and he was merely standing there. Apart from these statements, there is no material. There is a recovery made at the instance of - 3 - one of the co-accused. However, recovery of a chopper cannot by itself said to be a material to indicate the present applicant with the commission of the offence. That being the position, in my view, prima facie case is made out by the applicant for grant of bail. 3. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount for the offence registered vide C.R.No.I-197/2008. He shall not enter the jurisdiction of Kalyan Taluka Police Station pending the hearing and final disposal of the trial. He shall give his residential address to the Superintendent of Jail and shall report to Thane Nagar Police Station once in a week for a period of six months and thereafter, once in a month till the disposal of the case. The applicant shall not threaten any witness or tamper with the evidence. If any attempt is made by the applicant to threaten the witnesses, his bail shall be cancelled. 4. The trial court shall not be influenced by any observation made by this court while deciding the - 4 - application for grant of bail and it shall decide the case on its own merits and in accordance with law. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)