1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 5754 of 2009 Mr.Yusuf Safiq Varekari ... Applicant versus The State of Maharashtra ... Respondent ... Mr. S.M.Gorwadkar for applicant Ms.M.H.Mhatre APP for the State. CORAM : D.G. KARNIK, J. DATED : 7th January 2010 P.C. 1. Heard. 2. The applicant seeks bail in connection with an offence registered against him under C.R.NO.321 OF 2009 OF Hinjewadi Police station, Pune for an alleged offence punishable u/s.451, 504, 302 r/w section 34 of the Indian Penal Code. 2 3. The prosecution case is that on 2nd November 2009 on account of some injury caused in a motor cycle accident to the brother of the deceased, there was some altercation between the deceased and the applicant. The deceased was pushed by the applicant and his aunt whereupon the deceased fell down , hit a shahabad stone and suffered head brain injury resulting into his death. The applicant has been charged with an offence punishable under section 302 and other sections of the Indian Penal Code. 4. I have perused the FIR, copy of which is annexed to the application as also the statements of the witnesses, copies of which were handed over for persual by the learned APP. Prima facie, there does not appear any intention to cause death nor is the act of pushing is such that knowledge of death can, prima facie, attributed to the applicant. 5. Applicant is in jail since 2nd November 2009 and considering the present pendency of the matters, the trial is not likely to be over any time in the near future. In the circumstances, applicant can be granted conditional bail. 6. Hence, I pass the following order:- 3 O R D E R Applicant be released on bail on personal bond of Rs.25,000/- with two sureties of like amount subject to the following conditions. (i) The applicant shall not tamper with the prosecution witnesses. (ii) Applicant shall not leave the city of his residence viz. Pune till the conclusion of the trial except for casual visits. In case of casual visits outside Pune, applicant shall first inform the concerned police station about the date and purpose of the visit and address at which he would be staying during the visit. (iii) Applicant shall also record his attendance in the concerned police station once a fortnight between 1st & 5th and 15th & 20th of every British calendar month. (D.G. KARNIK,J.)