1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.636 OF 2010 Bhushan Bantarrao Gholap )..Applicant Vs. The State of Maharashtra )..Respondent ---- Priyal G. Sarda for the applicant. Mr. Y. S. Shinde APP for the State. ---- Coram : R.S.MOHITE,J Date : 20th April, 2010 PC 1 This is an application for grant of regular bail. The applicant is shown as an accused in C.R.No.108 of 2009 registered by the Shikrapur police station for alleged offences under Sections 302 read with 34 of IPC & 3 & 25 of the Arms Act. Of the four accused persons in this crime two accused persons are arrested and the two accused persons are absconding. Against two persons who are arrested, a charge-sheet is filed. The incident in question took place on 29.4.2009 at about 9.35 P.M. On a fateful day the deceased arrived along with co- accused. Three other persons i.e present applicant and two other un-known persons had been waiting for him for long period of time as they wanted to speak with him. The deceased went to the terrace along with 3 other accused. There was a gun shot and the deceased suffered a fatal injury. APP states that the bullet found from the body of the deceased is of a pistol and the gun which was taken by the deceased was found at the spot and has not been used. Pistol has not been recovered from the present applicant. There is any doubt as to whether the present applicant is a part of any conspiracy. The accused is in 2 custody since 3.5.2009. In these circumstances, I am inclined to grant bail. It is therefore, directed that pending his trial in pursuance of C.R.No.108 of 2009 registered by the Shikrapur police station, the applicant will be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer once a fortnight on 1st and 3rd Mondays of every month and does not tamper with any other witnesses and remain present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3