1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.102/2011 (Bablu @ Rahul Ashoksing Kachavaha .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. J.B. Kasat, Advocate for applicant, Mr. J.B. Jaiswal, APP for respondent/State. .......... CORAM : P.D. KODE, J DATED : MARCH 10, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted by Rajapeth Police Station, Amravati in connection with Crime No.106/2010 for offence under Sections 302, 201 r/w 120-B of the Indian Penal Code and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 regarding incident which had occurred on 6.4.2010 in which deceased Pravin Prakash Kamble has sustained injuries due to throwing of acid and as a consequence of which he has died on 3.5.2010 has been vehemently opposed by the learned APP on the ground of there being the material showing involvement of the applicant and/or his connection with the offence committed. The incident in question had occurred on 2 6.4.2010, on which day, the deceased, who was earlier threatened on phone call on the count of not keeping the relations with the girl by name Ku. Shubhangi @ Guddi Gudghe, as he was having love affair with her, was called out of the restaurant by unknown person and had threatened the deceased not to talk with the said girl Guddi. Said person is said to have disclosed of being friend of Sachin Gudghe. The said person has then informed his name being Javed and taken the deceased out of the restaurant. At that time another person had been to the said spot and thrown some liquid, due to which, deceased had sustained injuries. The submission of learned APP that the link of the applicant with the incident in question or the injuries caused to the deceased has been established by the fact of applicant himself having sustained acid injuries, has been rightly retaliated by the learned counsel for the applicant by pointing out that the material regarding same in the medical certificate relied by the prosecution is prima facie incredible, as the injuries on the person of the applicant were examined by the doctor about one month back after the incident. It is thus contended that prima facie in absence of any other material showing link of the applicant with incident in question, the conclusion cannot be jumped that the injuries on his person were sustained by him during the incident. The learned counsel for the applicant has also rightly pointed that beyond the word of ‘Investigating Officer/Police’ hardly there is any tangible material in the chargesheet that the clothes of the applicant seized during the course of investigation were burnt due to 3 acid. It is also further urged that even it is presumed that the said clothes were burnt due to acid, still in absence of any other material showing nexus of the applicant with incident in question; the said material will not be helpful to the prosecution to advance its case against the applicant. In view of there being eye witness to the incident which had occurred, specific query was put to the learned APP and in response to the same he has replied that as per the instructions received the applicant was not put up of any identification parade by the said witness. Thus, having regard to such character of the prosecution material, the prayer for bail will be required to be upheld. The prayer will deserve credence as the other three co-accused has been already granted bail and the bail to the applicant was negatived only on the basis of material referred in the earlier part of this order. However, considering the manner in which the crime was committed, it appears proper to seek heavy bail and to impose strict conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend the Rajapeth Police Station, Amravati in between 11.00 am and 2.00 pm on every day for a period of 15 days and, thereafter, on every Monday until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the 4 permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande