[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CrRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3738 OF 2006. CRIMINAL APPLICATION NO.3738 OF 2006. CRIMINAL APPLICATION NO.3738 OF 2006. Maruti @ Nana Dattu Mhatre .. Applicant. V/s The State of Maharashtra ..Respondent. Mr. S.R. Chitnis, Senior Counsel with Mrs. V.R. Raje for the applicant. Mrs. M.H.Mhatre, APP for the State. CORAM : S.C. DHARMADHIKARI, J. CORAM : S.C. DHARMADHIKARI, J. CORAM : S.C. DHARMADHIKARI, J. DATE : 13TH OCTOBER, 2006. DATE : 13TH OCTOBER, 2006. DATE : 13TH OCTOBER, 2006. P.C. . Heard Shri Chitnis, learned Senior Counsel appearing for the applicant and Mrs. Mhatre, learned A.P.P. for the State. 2. I have perused the statement of Mohan Ramdas Sonar. A copy of which is annexed at Annexure "A" to this application. The applicant who is aged 80 years has been arrested on 30th June, 2006 and he is in custody since then. C.R. No. 250/2006 registered at Panvel Town Police station alleges offences punishable under Sections 302, 201, 120B and of forgery and cheating punishable under Indian Penal Code. In the [2] light of the statement of Mohan Ramdas Sonar, it is clear that the applicant is not involved in the act of assaulting the deceased. There are no recoveries against him and all that is alleged that he has helped the other accused to bury the dead body. In such circumstances, when the trial Court was of the opinion that the only case made out against the applicant is under Section 201 of IPC and he being aged 80 years should have been enlarged on bail. Accordingly, following order:- i) The applicant arrested in connection with C.R.No 250/2006 registered with Panvel Town Police Station shall be enlarged on bail subject to furnishing a personal bond of Rs.10,000/- with one or two local sureties in the like amount. ii) The applicant to attend Panvel Town Police station once in a month for a period of six months. iii) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged [3] on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the Investigating officer. iv) The bail is granted subject to condition that the applicant shall not directly or indirectly, make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. v) The applicant shall cooperate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the applicant to delay the trial may be a ground for cancellation of bail. vi) Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. vii) Application is disposed of in above terms. viii) Parties to act on an authenticated copy of this order. [4] ( S.C. DHARMADHIKARI, J.) ( S.C. DHARMADHIKARI, J.) ( S.C. DHARMADHIKARI, J.)