1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.159 OF 2010. RAJU S/O GANGADHAR BHONG VS STATE OF MAHARASHTRA ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Apurva De, Advocate for the applicant. Mrs. K. Joshi, APP for State respondent. CORAM : A.H. JOSHI, J. DATE : 17th MARCH, 2010. 1. This is an application under Section 439 of the Criminal Procedure Code. 2. The application for grant of bail has been rejected by the Sessions Court. Therefore, the applicant has approached this Court. 3. The applicant has been named as accused in Crime No.20 of 2009 under Section 302, 364 120(b) of the Indian Penal Code registered with Police Station Virur, District Chandrapur. 4. It is the case of the prosecution that Sadhana Nalamwar who lodged the complaint with 2 Police Station Rajura on 6.9.2009 is the wife of deceased who was an Advocate by profession. 5. Perused the affidavit filed by the prosecution and the statement of witnesse recorded by the police. 6. The prosecution is relying upon the statement of the accused person recorded under Section 27 of Evidence Act in relation of recovery of weapon which was used in commission of offence for vital assault. Accepting the version of the accused contained in the statement under section 27, what can be inferred in favour of the prosecution and against the applicant is that even accused persons they were discussing about their plan to go and to procure Pistol. 7. It is not alleged or otherwise shown that the applicant was party to decision or act of murdering Adv. Nalamwar. 8. It is seen that prima facie the present applicant is not seen either to be as a conspirator or abettor or sharing any intention. In this background, the applicant stands on the 3 different footing than the accused conspirating or abetting the murder of the deceased. 9. Role of the applicant who stand on different rather softer level than gravity of offence charged against the other accused person. 10. In this background, the applicant has made out a case for release on bail. 11. The applicant be released on bail on furnishing personal bond and solvent surety as one or more in a sum of Rs.25,000/-. He shall not tamper with the witnesses. Judge //mule//