1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2218 OF 2010 Vinayak @ Babloo S. Patil and anr. ..Applicant. Vs. The State of Maharasdhtra. ..Respondent. Mr.A.A.Kumbhakoni i/by V.V.Purwant for the Applicant. Smt.A.A,Mane, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 06/5/2010 PC : 1 This is an application for grant of bail. The applicants are original accused Nos. 8 and 16 in C.R.No.205/2009 registered by Narpoli Police Station for the alleged offences under Sections 302, 143, 147, 148, 149, 504, 506 of the I.P.C. and Section 3 and 25 of the Indian Arms Act anbd Section 37(1) and 135 of the Bombay Police Act The prosecution case is that on the high way of Old 2 Bombay Agra Road about 15 Kms. From Thane town oner Ajit Madhukar Patil was robbed and killed. On perusing the complaint there is mention of three persons accused No.10 Rajendra, accused No.12 Rajesh and accused No.11 Vijay who were carrying revolvers. The post mortem notes did not show any fire arm injury. The complainant alleges overt act against some of the accused. However, there is a general statement about the other accused persons assaulting the deceased with other weapons. There are several injuries on the body of the deceased which could be caused by sharp edged weapon or hard and blunt object. In so far as the present applicants are concerned the applicant No.1 is said to be armed with an iron rod and applicant No.2 was allegedly armed with sword. In so far as applicant No.1 is concerned, he was arrested on 13.8.2009 along with accused No.7 Rakesh and accused No.9 Pankaj while they were travelling in vehicle. The weapons Sword and iron rod were seized by the police. There were blood stains on the iron 3 rod. The C.A. Report indicates blood group A which is the blood group of the deceased. Pant of the accused was also seized. It has human blood on it. It cannot be said that there are no circumstances or there is no material against the applicant No.1 to involve him in the offence. As far as applicant No.2 is concerned, the sword allegedly used by him is not recovered. His case is therefore, on par with some other accused who have been granted bail by this court. In the net result, I pass the following order. ORDER a) Application is rejected in so far as applicant No.1 is concerned. b) In so far as applicant No.2 Jagdish Lalchand Patil, pending his trial in pursuance of C.R.No.205/2009 registered by Narpoli Police Station, Bhiwandi, he will be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the following conditions. a) He will not stay within Thane District. 4 b) He will not tamper with any of the prosecution witnesses and will remain present on all dates of the trial, unless exempted. c) At the time of release on bail, he will inform the concerned police station where he propose to reside and report to the police station having jurisdiction over his residential area on every Monday between 11.00 a.m. to 5.00p.m. d) He will be permitted to enter the Thane District only on the day of trial for the limited purpose of trial and he will leave the Thane District after day s court proceeding is over. Application stands disposed off. Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)