IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 76 OF 2009 Hemant Dinesh Shetty ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Naveen Chomal for Applicant Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 10TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 and other related offences of the Indian Penal Code. 3. The chargesheet has been filed. It is submitted that there are two conflicting set of statements made by two different groups of witnesses. This has been referred to by the learned Sessions Court, who rejected the application of the Applicant. 4. It is submitted by the Learned APP for the State that the statement of reference, which is made by the learned Counsel appearing on behalf of the Applicant do not form as evidence. Even if it is taken to be true, the fact remains that certain witnesses have stated that the Applicant was present at some other place and was not present where the deceased was assaulted. 5. This being the position and since the chargesheet has been filed, continued detention of the Applicant, in my view, is not necessary. The Applicant deserves to be released on bail. 6. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall not enter the jurisdiction of Panchavati Police Station till pending the hearing and final disposal of the trial. He shall report to the nearest police station from his new residence, once in a week. 7. Application is disposed of. V.M. KANADE J.