cran4588.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4588 OF 2010 Subhash Tirsing Patil ...Applicant Versus The State of Maharashtra ...Respondent ..... Mr. Joydeep Chatterji, advocate for the applicant Ms. Yogita M. Kshirsagar (Thorat), A.P.P. for respondent ..... CORAM: S. S. SHINDE, J. DATED: 6TH JANUARY, 2011 PER COURT:- 1 This criminal application is filed for regular bail in connection with crime No. 202 of 2010 registered with Parola police station for the offences punishable under Sections 306, 376, 313, 506, 201 r.w. 34 of I.P.C. 2 The applicant herein had filed bail application No. 128 of 2010 before the learned Additonal Sessions Judge at Amalner before filing of charge sheet when investigation was in progress. The said application came to be rejected on 11.8.2010. Thereafter, the applicant had filed criminal application No. 3377 of 2010 before this Court. However, the said application also came to be rejected mainly on the cran4588.10 -2- ground that the investigation is in progress and till police have not yet filed the charge sheet. However, liberty was granted to the applicant to file fresh application for bail after charge sheet is filed. 3 The applicant herein filed another bail application No. 172 of 2010 before the Sessions Judge at Amalner after filing of the charge sheet. The said application came to be rejected by order dated 28.10.2010 by the Additonal Sessions Judge, Amalner. Hence, this criminal application. 4 Counsel for the applicant submits that since investigation is complete and charge sheet is filed, the custody of the applicant is not necessary. Learned counsel for the applicant further submits that even if the allegations against the applicant in the F.I.R. and in the charge sheet are taken in its entirety, at the most the applicant may be held responsible for the offence punishable under Section 506 of I.P.C. Counsel further submits that the offence under Section 506 is bailable one. Counsel further submits that even the offence under Section 201 of I.P.C. is also bailable. Learned counsel further submits that the bail application of the applicant is rejected by the Sessions Court on the ground that if the applicant is released on bail, he may tamper with the prosecution evidence and witnesses. However, counsel for the applicant on oral instructions received from applicant through his cran4588.10 -3- relatives, makes a statement that in case the applicant is released on bail, the applicant is ready to reside outside the limit of Parola Taluka and he is read to stay in Chopda Taluka. 5 On the other hand, learned A.P.P. relying on the statement of complainant as well as the contents in charge sheet and other evidence collected by the prosecution, submits that the applicant was instrumental in getting the pregnancy of victim terminated by threatening the victim and her mother. According to learned A.P.P. the applicant herein was involved in committing the offence under Section 201 of I.P.C. Learned A.P.P. relying on the evidence collected by the prosecution submitted that the applicant may not be released on bail. 6 I have heard counsel for the applicant and the learned A.P.P. for the respondent-State, perusal of order passed by the Additional Sessions Judge, Amalner, makes it clear that the bail is refused to the applicant mainly on the ground that if the applicant is released on bail, due to his position in the village, there are chances of tampering with the prosecution witnesses. The Additional Sessions Judge has further observed that though the applicant is not involved in actual offence of rape, but he is involved in committing offence punishable under Sections 201 and 506 of I.P.C. by giving threats to the victim and her mother. Thus, he has already acted to make disappear the evidence cran4588.10 -4- of rape. Therefore, the Additional Sessions Judge, Amalner declined to grant bail to the applicant. 7 It is not in dispute that the applicant is in jail from 8.7.2010. It is also not in dispute that the investigation is over and the charge sheet is filed by the prosecution. It is also relevant to mention that even the Additonal Sessions Judge has observed that the applicant is not involved in actual offence of rape. However, he is involved in committing offences punishable under Sections 201 and 506 of I.P.C. As submitted by the counsel for the applicant that the offences under which the applicant is charged are bailable and the applicant is in jail for about six months and since investigation is over and charge sheet is filed, I am inclined to grant bail to the applicant, on some stringent conditions. 8 In the result, the applicant be released on bail in connection with crime No. 202 of 2010 registered with Parola police station for the offences punishable under Sections 306, 376, 313, 506, 201 r.w. 34 of I.P.C. on furnishing bail bond of Rs.25,000/- with two sureties in the like amount. The applicant shall not tamper with the prosecution evidence and witnesses. Till the trial of the case is over, the applicant should reside outside the limit of Jalgaon District. The applicant shall enter into the limit of Jalgaon District only for the purpose of attending cran4588.10 -5- the dates fixed for trial by the Additional Sessions Judge at Amalner. It is made clear that prior to release, the applicant shall furnish the complete address and contact number, where he is going to reside outside the limit of Jalgaon District during the course of trial. The said information be furnished to the Investigating Officer as well as the learned Additonal Sessions Court at Amalner. It is made clear that unless and until the address and contact number, as directed above, is furnished, the applicant should not be released on bail. 9 With the above observations, application is disposed of. 10 It is made clear that the observations made in this order and by the Sessions Court while rejecting the application for bail, are only for the purpose of deciding the bail applications. The trial court, during the curse of trial, should not get influenced by the said observations. *****