1 Cr. Appln. no. 4230.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4230 OF 2009 Chintu @ Satish Uttam Alhat, Age 28 years Occup.Business R/o Alamgir Bhingar,Ahmednagar. ... Applicant V E R S U S The State of Maharashtra ... Respondent Copy to be served on Public Prosecutor, High Court Bench at Aurangabad. ... Mr.K.N.Lokhande,Advocate for Applicant. Mr.B.J.Sonwane, A.P.P. for respondent-State. ... CORAM : A.V. POTDAR, J. DATED : 11TH DECEMBER, 2009 PER COURT : 1] By the present application the applicant has approached this court for releasing him on bail in Crime No. 102 of 2009 registered with MIDC Police Station, Ahmednagar, for an offence punishable under section 302 read with section 34 of the Indian Penal Code and under section 3 read with section 25 of the Arms Act. 2] Heard learned counsel appearing on behalf of 2 Cr. Appln. no. 4230.09 the applicant followed by submissions of learned A.P.P. for respondent-State. It is informed that investigation is over and in this case the charge sheet came to be filed against the applicant and other accused. 3] On perusal of the papers of the investigation, it shows that the said offence came to be registered with MIDC Police Station, Ahmednagar, on the basis of complaint lodged by Lazras Pawlas Shinde on 9th July,2009. According to the complainant, his son Anil was gun shot down by one Deepak who was brought on the motor bike of the present applicant. This incident took place some where in the evening and night of 9th July, 2009. This applicant came to be arrested on 17th July, 2009. Since then he is in custody. Even though at the initial stage the crime was registered against one Deepak Dhakne, who allegedly gun shot down Anil and the present applicant, as this applicant was on the motor bike of Deepak,during the course of investigation the names of three more persons were also came to be 3 Cr. Appln. no. 4230.09 arrayed as accused, out of which one accused- Gondkar is released on bail. Out of the remaining two, is the present applicant and Deepak, who gun shot down Anil in the incident. During the course of submissions across the bar, it is urged on behalf of the complainant that as the investigation is over, the charge sheet is filed, the role allegedly played by the applicant does not attribute the nexus between the death of Anil and injuries sustained by him. It is further urged that since 17th July, 2009, this applicant is in custody, hence he be released on bail. 4] Learned A.P.P. opposed the bail application on the ground that this applicant is also the main culprit in the commission of an offence, in which Anil expired. 5] Considering these submissions across the bar and report of the Post Mortem of Anil shows that Anil expired due to sustaining of injuries from gun shot. As per the papers of investigation Deepak Dhakane is the person who had fired gun 4 Cr. Appln. no. 4230.09 shot to Anil. The allegation against this applicant is that he come on the motor bike of Deepak and after Anil was gun shot, when Deepak was chased by the Police, he gave call to the applicant to come on his motorcycle to run away from the spot, but did not succeed. 6] Considering the statements of witnesses during the course of investigation there is also no allegation against the present applicant that Deepak came on the motor bike of this applicant, after he gun shot down Anil gave call to this applicant to help him to run away on motor bike. Other than this no more role is attributed to applicant. Since the last three months the applicant is in custody, the investigation is over. Thus, the case is made out to enlarge the applicant on bail. In the premise, following is the order. ORDER 1] Application is allowed. 5 Cr. Appln. no. 4230.09 2] The applicant be released on bail on furnishing surety in the sum of Rs. 15,000/-and on executing PR bond in the sum of like amount. 3] After released on bail, the applicant shall attend the MIDC Police Station once in a week on every Sunday in between 1 p.m. To 3 p.m. till commencement of trial. 4] The applicant shall not tamper the witnesses of the prosecution. 5] Application stands disposed of in above terms. (A.V. POTDAR, J.) MTK/