IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 827 OF 2008 CRIMINAL APPLICATION NO. 827 OF 2008 CRIMINAL APPLICATION NO. 827 OF 2008 Prakash Babanrao Khopadkar. ... Applicant. V/s. The State of Maharashtra. ... Respondent. M.B.Zanwar for the applicant. Y.P.Yagnik, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 22nd April 2008. DATED: 22nd April 2008. DATED: 22nd April 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in connection with C.R.No.121/2005 registered with Chaturshingi Police Station, Pune for the offences punishable under sections 143, 147, 148, 149 and 307 of I.P.C. read with section 4(25) of the Arms Act. 3. The applicant was released on bail by learned Additional Sessions Judge, Pune vide order dated 7th June, 2005 passed in Criminal Misc. Application No.916/2005 with condition to attend concerned police station. Thereafter, the applicant did not attend police station. Consequently N.B.W. was issued and the applicant was arrested on 12th April, 2007. Since then, the applicant is in custody. His two bail applications were rejected by the Sessions Court vide orders dated 6th July, 2007 and 10th August, 2007 and third application moved by the applicant was also rejected by the Sessions Court vide order dated 10th December, 2007. Now the applicant has come with an undertaking that he will attend the police station on each and every day, that he will not tamper with the prosecution evidence and obey the terms and conditions as may be imposed by this Court. The undertaking dated 18th April, 2008 filed by the applicant is taken on record and marked ‘X’ for identification. 4. Considering the nature of offence and the lapses committed by the applicant, he is sufficiently punished. In the circumstances, I am inclined to grant bail to the applicant on the same terms and conditions on which he was released on bail by the Sessions Court vide order dated 7th June, 2005 together with following conditions: (a) The applicant, arrested in connection with C.R.No.121/2005 registered with Chaturshingi Police Station, Pune shall be enlarged on bail on his executing P.R.Bond of Rs.25,000/- with one or two local sureties to - 3 - make up the said amount. (b) The applicant shall report to the concerned Police Station each and every day between 3.00 to 5.00 p.m. till conclusion of the trial. He shall co-operate with the investigating agency for disposal of the case. (c) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. (d) The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. - 4 - (e) It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. (f) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 5. Application stands disposed of accordingly. JUDGE JUDGE JUDGE