1 BA-970-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 970 OF 2011 Mr. Vishwanath @ Bala Vasant Jadhav ... Applicant vs. The State of Maharashtra ... Respondent Mr.P.D.Kavale,Advocate, for the applicant. Mrs. P.P.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 14th November, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.237/2009 registered with Vartak Police Station punishable under Sections 147,148,149, 324, 302 and 452 of IPC. 2. According to the prosecution, accused No.1 Ramanna and his maternal uncle, who is accused No.2, hatched a conspiracy to remove all the occupants of the building developed by one Pandurang @ Vishal Khutwad As per the conspiracy, on 11.8.2009., at about 1.15 a.m. 7 - 8 persons knocked the door of the house of the first informant Reshma Bidkar. After the door was opened by her husband, 7 - 8 persons armed with sticks and bamboos entered into the 2 BA-970-11.sxw house. One of them was armed with revolver. Those people assaulted the husband of Reshma with sticks and bamboos and caused several injuries. The assailants were unknown. The applicant is said to be one of the persons who were in that group of 7 - 8 persons. According to prosecution, he was one of the conspirators and he was engaged by the accused No.1 to execute conspiracy and for this purpose the present applicant had engaged another accused No.4 Umesh. According to prosecution,after the incident, these persons were travelling by one rickshaw and one another vehicle. Nilesh Jadhav was driving the vehicle. As per the statement of Nilesh Jadhav, he had learnt during the talk among the people in the vehicle that one Sanjay had fired. It appears that Nilesh is not acquainted with the present applicant. 3. Learned APP states that there is no direct evidence about the conspiracy to which the present applicant was allegedly a party. There is nothing to show that he had assaulted anybody. Even though he was allegedly identified as one of the culprits during the T.I. parade by Reshma, no role has been attributed to him. Admittedly, accused No.1 Ramanna, his uncle, accused, Sanjay and Umesh have been granted bail. Taking into consideration the facts and circumstances of the case,I do not see any reason to refuse bail to the present applicant. 3 BA-970-11.sxw 4. The applicant be released on his executing P.R. of Rs.25,000/- with one solvent surety on condition that he shall not tamper with the prosecution evidence and shall attend the police station on every Sunday between 4 to 6 p.m. till end of trial. (J.H.BHATIA,J.)