IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.669/2009 (Nitin @ Mitun wamanrao Jangam & another ..vs.. State of Mah) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 26th JUNE, 2009 Heard Shri Sambre advocate for the applicant and Shri Thakre APP for state. Applicant is facing prosecution for the offences under section 302, 201, 120-B of I.P.C. r/w section 4 , 25 of the Arms Act. The offences are serious, however, it appears that the eye witnesses have not named the applicants. So also, they have failed to identify them as an assailant during the identification parade. Learned APP has submitted that the blood stains were found on the articles discovered by both the applicants during the forensic examination. As it appears that the blood stains on the articles were not found to be mentioned in the seizure memo, the affidavit of P.S.O. was called. He has mentioned in the affidavit that there were no blood stains at the time of seizure of the same weapons and therefore, said fact was not mentioned in the seizure memo. In these circumstances, there is doubt as regards the forensic report. Although this aspect needs to be deiced on merits of the trial, the applicants in such circumstances would be entitled for bail. Each of the applicant be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall not commit any offence in future and attend the trial regularly. Bail in trial court. Application stands disposed of. JUDGE smp.