1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 1904 OF 2009 Rahul Tukaram Chakankar .. Applicant Vs State of Maharashtra .. Respondent Mr Sachin R Pawar and Mr Pradeep Kotkar, Advocate for the Applicant. Mrs.S.D.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 29/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.459 of 2008 of Chatushrungi Police Station,Pune. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under section 302 read with 34 of IPC. 3. I perused the statement of the complainant-Rambabu Varma. He has stated, that on 28.9.2008 at 1.10 am all three accused including the present applicant assaulted the deceased T 2 with Tomy and wooden stick. After taking me through the statement of Rambabu Varma, Mr Pawar, learned counsel for the applicant, submitted that specific role is attributed to only two accused and not to all the three. He submitted that the two accused, who assaulted the deceased, were apprehended immediately after the incident and they were identified by the witnesses in the police station. Insofar as the present applicant is concerned, he submitted that no specific overt act is attributed to him and he was not shown to the witnesses in either test identification parade or in the police station. Though there is a recovery of blood stained clothes at the instance of the present applicant, admittedly, there is no recovery of weapon at his instance. The weapons, namely tomy and wooden stick, were recovered at the instance of other two accused. In the circumstances, he submitted that benefit may be given to the present applicant and he may be released on bail. Having considered the submissions of the learned counsel for the applicant and overall facts and circumstances of the case, I am inclined to enlarge him on bail. Hence, the following order. The applicant -Rahul Tukaram Chakankar is directed to be enlarged on bail in the sum of Rs.10,000/- with one or two 3 sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station on every Saturday between 6 and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. The application is disposed of. (D. B. Bhosale, J.)