1 APPA 865.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 865 OF 2011 IN CRIMINAL APPEAL NO. 540 OF 2011 Omprakash Chini Gautam. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. K.H. Giri for the Applicant Mr. P.S. Hingorani, APP for the State. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 26th JULY 2011. P.C. :- Heard. 2. The accused is a life convict. 3. The accused was employee of the deceased. The deceased died of brutal assault. There were 12 workers with the deceased. However, none of the employee is examined. The circumstances against the accused alleged by prosecution are last seen together and apparels seized from his home town in Uttar Pradesh which has human blood stains. The stolen property/gold ornaments are not yet recovered. He is convicted for an offence punishable under Section 302 of I.P.C., Section 392 r/w. Section 397 of I.P.C. 2 APPA 865.11.sxw 4. Though the learned APP points that the circumstance of last seen together is not explained by the accused, however, for that purpose bail should not be rejected. Care can be taken to procure his attendance whenever it is essential. 5. Hence, order :- (i) The Accused - Applicant Omprakash Chini Gautam be released on his furnishing P.R. bond and surety in the sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety. (ii) After his release, the accused shall record his monthly attendance at the nearest Police Station at his home town at Gadaura Bazar, Taluka - Nichalaul, District - Maharaj Ganj (Uttar Pradesh). If the address is changed for any reason, the accused will intimate the same to the local Police Station. (iii) Any violation of condition would entail cancellation of bail of the Applicant. (iv) Copy of this order be forwarded to the Superintendent of Police, Maharaj Ganj (Uttar Pradesh). (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.) 3 APPA 865.11.sxw