1808aba272.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 272 OF 2011 (Rajendra Vamanrao Mahure Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders Shri Lubesh Meshram, Advocate for applicant. Shri P. D. Kothari, A.P.P. for the State. CORAM : U. V. BAKRE, J. DATED : 18TH AUGUST, 2011 1. Heard Shri Meshram, learned Advocate for the applicant and Shri Kothari, A.P.P. for the respondent-State. 2. Perused the contents of the application, F.I.R., application for anticipatory bail filed before the Sessions Judge, order passed by the learned Sessions Judge as also the order of the Sessions Judge in Miscellaneous Criminal Application No. 406 of 2011, whereby two co-accused namely Shankar Annaji Tambde and Shyam Namdeorao Padole have been granted bail. 3. In the order dated 6/5/2011 passed in M.C.A. No. 406/11, it was contended before the learned Sessions Judge that the injured persons have been discharged and considering the medical certificate, prima-facie, no offence under Section 307 of the Indian Penal Code, has been made out. It appears that the learned trial Judge has conceded to the said contention made by the learned Counsel and has granted bail to the 1808aba272.11.odt 2/3 applicants namely, Shankar and Shyam. 4. There are in all five accused persons in this case and four co-accused have already been released on bail. In my view, no purpose will be served by detaining the applicant in the event of his arrest. Necessary conditions can be put on the applicant. 5. Hence, the application is allowed. 6. In the event of arrest of the applicant in Nandgaon Peth Police Station Crime No. 35/2011, registered for offence punishable under Section 307 read with Section 34 of the Indian Penal Code, he shall be released on bail upon execution of personal recognition bond in the sum of Rs. 20,000/- (rupees twenty thousand only) with one solvent surety in the like amount under the following conditions :- [i] The applicant shall attend Nandgaon Peth Police Station on 20/8/2011 between 10.00 a.m. to 12.00 noon and thereafter he shall make himself available to the Investigating Officer for interrogation as and when required. [ii] The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer. [iii] The applicant shall not leave India without previous permission of the Court. 1808aba272.11.odt 3/3 7. This order shall remain in force till the trial is over in view of the judgment of the Hon’ble Supreme Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others - 2011 (1) Bom. C. R. (Cri.) 293. 8. The application stands disposed of accordingly. Hamdast allowed. JUDGE wwl