1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1070 of 2010 Abdul v. The State of Maharashtra ----------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Anil S. Mardikar, Adv for applicant Mr J.B. Jaiswal, APP for State. Coram: A.P. Bhangale, J Dated : 27th August 2010 1. It is the contention of learned counsel for the applicant that charge-sheet has already been filed in May 2009, but the chances of commencement of trial are bleak as one of the co-accused is absconding. Learned counsel for the applicant submits that according to prosecution, aplicant was named as “Guru” in the FIR and the said “Guru” is alleged to have assaulted injured witness Nitin Walke who was admittedly discharged from the hospital after about a week. There was no role attributed to the applicant for assaulting Santosh Wankhede (deceased). Applicant is in custody since March 2009. Charge is not yet framed. It is, therefore, prayed that the applicant may be released on bail subject to conditions which may be considered appropriate. 2. Learned APP objects grant of bail on the ground that the past record of the applicant is tainted. On this, learned counsel submits that in all criminal cases mentioned in the reply, applicant has been acquitted and 2 only one case is pending where applicant is on bail. 3. Considering the nature of accusation against the applicant inasmuch as he was involved in assaulting witness Nitin Walke who was admittedly discharged from hospital in a week’s time, I am inclined to grant bail to the applicant. 4. Applicant be released on bail on his executing PR in the sum of Rs. 30,000/- with two or more sureties in the equal amount provided further that he will attend each date of hearing before the trial Court and applicant shall not tamper with prosecution evidence in any manner. Applicant shall not commit any offence while on bail and will not carry any weapon with him while on bail. Applicant is directed to inform his fixed address together with telephone/ cellphone number, if any, to the Court concerned and shall communicate change therein, if any, forthwith in future. Application stands disposed of accordingly. Judge. hsj