-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1597/2009 (Ravi Janakiram Kothare .vrs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 23 rd JUNE, 2009 Heard Shri R.M. Daga, the learned Counsel for the applicant and Shri Mandpe, the learned A.P.P. for State. This is an application under section 439 of the Code of Criminal Procedure for grant of bail. The applicant along with other two accused namely – accused no.1 Ganagram and accused no.3 Shrikant, have been charge sheeted for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, for committing murder of one Zuru Pungati by means of an Axe. The evidence against the present applicant is the statement of Karpa, who had allegedly seen the incident and accused Gangaram with an axe. It appears that he had reported the matter to the son of the deceased on the same day, however, the son of the deceased lodged the report with the police station on 28.10.2008 about his missing. The learned counsel for the applicant -2- submits that, the prosecution has not explained the situation i.e. when the son of the deceased was knowing the names of the assailants through the eye witness Karpa and still he lodged report of missing of his father. There is nothing other pointed out by the learned A.P.P., for connecting the applicant with the aforesaid offence. No doubt, the allegations are serious, however considering the above position, the applicant is entitled to bail, but, subject to some conditions. The applicant be released on bail on his furnishing solvent surety in the sum of Rs.25,000/-, subject to the condition that he shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence. The applicant shall not commit any offence in future. Criminal Application is disposed of. Bail in trial Court. JUDGE Rgd