1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.157/2011 (Shamsundar s/o Kamalkishor Siddh .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.Y. Sharma, Advocate h/f Mr. R.M. Daga, Advocate for applicant, Mr. A.S. Sonare, APP for respondent/State. .......... CORAM : P.D. KODE, J DATED : APRIL 27, 2011 Heard. Though prayer for bail made by one of the applicant/accused charge sheeted by Wardha City Police Station as a result of investigation of Crime No.489/2010 registered on 16.10.2010 for offence under sections 147, 148, 302, 149 of IPC r/w Sec. 4/25 of Arms Act has been objected by the learned APP on the ground of involvement of the applicant in commission of offences for which he is charge sheeted is borne from the material collected during investigation, after considering the account of incident which had occurred on the same day at about 9 to 9.30 pm as revealed from the statements of four eye witnesses namely Naresh, Parvej, Rahul and Navshad recorded during the course of investigation revealing that the incident in question had 2 occurred suddenly when both the parties have come across to each other while passing by the road, the applicant was not armed with any weapon, the weapon was used by other two assailants, who has assaulted the deceased by knives with them during the incident, had taken out said during midst of assault, prima facie, it appears difficult that the applicant was entertaining common object to murder Yunus Qureshi and post- mortem report revealing that death having occurred due to stab wounds inflicted causing internal damage to the lung, the prayer for bail will deserve consideration. However, the learned APP having pointed out that there exists rivalry in between two groups and the applicant is said to be the member of Thakur group, it appears proper to impose certain necessary conditions to ensure re-occurrence of such in Wardha City. In view of the same, the applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) after his release on bail, shall stay outside Wardha City, shall intimate his place of abode to the investigating officer, shall not change the same without the permission of the trial Court and shall also attend the local Police Station within whose jurisdiction he would be staying in between 11 am and 1 pm on every day for a period of 15 days and, thereafter, on every alternate day for next 15 days and, thereafter, on every Monday, until further orders; (ii) shall not indulge in any activity of tampering 3 prosecution evidence and/or indulge in any activity of hampering the progress of the trial; (iii) shall not commit any offence while being on bail. The application stands disposed of. JUDGE Gulande