IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1455/2009 (Manoj Sahare ..vs. State of Mah..) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 2 nd May, 2009 CRIMINAL APPLICATION NO.1456/09 Heard Shri Tiwari Advocate for applicant. Filing of certified copy of F.I.R. and certified copy of impugned order, presently dispensed with. The same be filed as and when directed by the court. Application stands disposed of. 0000 CRIMINAL APPLICATION NO. 1455 /2009: Heard Shri Tiwari, Advocate for applicant and Shri Mandpe, APP for state. This is an application under section 439 of Criminal Procedure Code for grant of bail. The applicant along with other accused, are facing trial for the offences punishable under section 302, 506 r/w 34 of I.P.C. Vanita Sahare wife of deceased had lodged report that Domaji Sahare, Mohan Sahare, Kisan Sahare, Manoj Sahare, came there. Kisan Sahare had knife in his hand, Manoj Sahare and Doma Sahare had axe in their hands and Mohan Sahare had iron rod and by these instruments, they beat the deceased. Thus the allegation against the applicant is that he had an axe and he assaulted deceased by an axe. It is informed that Mohan Sahare was directed to be released by this court by order in Criminal Application No.582/2009 dated 15.4.2009. With the help of learned APP, I have gone through the P.M. Notes. Learned APP is unable to point out that there is any external injury found on the person of deceased attributable to an axe, which is appearing in P.M. Note. In these circumstances, unlike case of Kisan, who is alleged to have possessed knife and corresponding stab injury on abdomen of deceased are appearing, the case of the applicant seems to be on different footing. Hence he needs to be released on bail, however, subject to conditions. The applicant be released on bail on his furnishing surety and PRB of Rs.25000/-, subject to condition that he shall report P.S.Bhiwapur, on first Sunday of each month, until further orders, or till the trial is over and shall not directly or indirectly tamper with the prosecution evidence and also shall not commit any offence in future. Bail in trial Court. Application stands disposed of. Hamdast granted. JUDGE SMP