1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3525/2009 (Vijay Shravan Jadhav .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.P. Kariya, Advocate for Applicant. Mr. A.D. Sonak, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 8, 2009 Heard. The prayer for a bail made by the applicant/accused arrested on 19.10.2009 in connection with Crime No. 125/2009 for commission of offence punishable under Section 307 of IPC i.e for offence not punishable with death or imprisonment of life, will deserve consideration in spite of the same being opposed by the learned APP on the count of involvement of applicant being borne from the FIR and the statement of eye witness recorded during the course of investigation and there being likelihood of prosecution evidence getting tampered in view of the parties being the residents of a same village and/or there being likelihood of occurrence of the similar incident, after taking into consideration the account of incident as spelt out from the material pointed out by the learned APP and the same amongst other 2 prima facie revealing of the victim being assaulted at spur of moment on the count of himself having intervened in the matter and not due to any pre-concrete plan and the learned APP being unable to refute statement made by the learned counsel for the applicant that injured is not in any danger and being already discharged and other apprehension expressed by the prosecution can be taken care of by imposing suitable conditions. The applicant is directed to be released on bail on his executing a PR bond in a sum of Rs.50,000/- with two sureties in the like amount subject to the conditions that the applicant (i) shall attend the I.O. on every Monday in between 9 a.m. and 12 noon until filing of charge sheet , (ii) shall not tamper the prosecution evidence so far collected and (iii) shall not commit any offence while being on bail granted by this order and in the event of the applicant committing any other offence, the bail granted to him getting automatically cancelled. Application stands disposed of. JUDGE halwai