1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.2043/2010 (Mukesh @ Yogesh Premlal Gorade .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. R.P. Thote, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 10, 2011 Heard. Though the prayer for bail made by the applicant charge sheeted by Sakkardara Police Station in connection with Crime No.163/2010 for offence under Sections 306, 326, 324, 302 r/w 34 of IPC is opposed by the learned APP mainly on the ground that the applicant was absconding after commission of offence on 14.4.2004. Learned APP was not able to show any material showing that at the relevant time the applicant was staying in the address of the chargesheet earlier submitted in the matter. Having regard to the said facet and character of prosecution material i.e. the name and role played has not been found mentioned in the FIR and so also in the statements of three other eyewitnesses and the same has been found in the statement of two alleged eyewitnesses whose names are not 2 found in the FIR and whose statements are belatedly recorded on 21.4.2004 and having regard to the fact that co-accused has been acquitted in the case, the prayer for bail made by the applicant deserves consideration. Having regard to the apprehension expressed by the learned APP, it will be necessary to impose stringent conditions and insist for strict compliance of the same to ensure the presence of the applicant at the trial. Hence the order : The applicant is directed to be released on bail on furnishing a P.R. Bond in the sum of Rs.50,000/- with two sureties in the like amount and subject to the conditions that the applicant : (i) shall attend Sakkardara Police Station on every alternate day for a period of one month in between 5 pm to 6 pm and, thereafter, on every Sunday until the trial against him is over and in event of the applicant making a single default, the investigating officer shall move the Sessions Court for cancellation of the bail and shall take all necessary steps in accordance with law for securing the presence of the applicant for the trial. (ii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. In view of disposal of main application, Criminal Application (APPP) No.1239/2010 also stands disposed of. JUDGE Gulande