1 Appln 4641-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4641 OF 2010 1. Raju Jaysingh Thakar ..Applicants 2. Chandrashekhar Shivaji Thakar V/s. The State of Maharashtra ..Respondent Mr.A.P.Mundargi, Senior Counsel with Mr.Kuldeep S. Patil & Mr.Pravin Padwe, for the Applicants Mrs.S.D.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 21ST DECEMBER, 2010 P.C. . Heard the learned Counsel for the respective parties. 2. The applicants seek bail since they have been arrested & charge sheeted for their alleged involvement in crime registered as C.R.No.132 of 2009 for the offence punishable under Sections 302, 364, 120(b), 341, 143, 146, 147, 148 & 149 of the Indian Penal Code registered with Chakan Police Station, District Pune. 2 Appln 4641-10 3. Initially, a report was given suspecting the involvement of some members of the same Parkhi family. Those persons seem to have been arrested and the police investigation proceeded in that direction till B.R.Andhalgaonkar, P.I., Local Crime Branch got confidential information that the present applicants & some others were involved in the crime and not those Parkhis. Eventually, charge sheet was filed after completion of investigation against the present applicants and others. Of them, Tushar Pralhad Thakar has been admitted to bail by Order of this Court in Cri.Appln.No.3855 of 2010 passed on 5th October, 2010. According to the learned Counsel for the applicants, role attributed to the present applicants cannot be said to be different from that of Tushar Thakar, who has been admitted to bail. He submits that in fact, there is nothing to indicate complicity of the applicant in the crime. The learned APP states that the applicants have been 3 Appln 4641-10 identified at the Test Identification Parade held after application for bail was filed by Tushar Thakar. Test Identification Parade was held on 14th September, 2010 at which applicants were identified by Minesh Deshmukh. Though supplementary statement of Minesh Deshmukh was recorded, he did not attribute any specific role to the present applicants. Clothes had been recovered from the house of accused Rohidas. Applicant No.2 Chandrashekhar's White shirt and White full pant were recovered on 6th Octobter, 2009. They had been sent to the Forensic Science Laboratory. The Laboratory reported that it had some stains but the report is inconclusive. Clothes of accused Raju Thakar were also seized by the same panchanamas nothing that there were some small blackish spots on the front side of the shirt sleeves. C.A.Report shows that the shirt had stains of blood group 'B'. Applicant No.1 Raju's blood group is also 'B' and so is the blood group of 4 Appln 4641-10 deceased. Since recovery was made almost three months after the incident, the significance of these blood stains would have to be decided at the trial by the learned Trial Judge. 4. Considering nature of allegations made against the present applicants, applicants' being in custody pending the trial may not be necessary, the applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that they shall attend Chakan Police Station on the 1st Monday of every Month between 10:00 a.m. to 1:00 p.m. till the trial is over. 5. Criminal Application is disposed of. (R.C.CHAVAN, J.) 5 Appln 4641-10 . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.).