1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1687 of 2010 Laxman Marotrao Kaurati and another ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Katol, Dist. Nagpur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.P.Thakare, Advocate for the applicants. Mrs. A.R.Taywade, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 19 th Novem ber , 2010 . Heard. This is an application filed by the applicants for grant of regular bail in Crime No. 121/2010 for the offence punishable under Section 302 r/w Sec.34 of I.P.C., registered with Police Station, Katol, Dist. Nagpur. Mr. Thakre, learned Advocate for the applicants submits that only because of the previous enmity the applicants are falsely involved n the crime and there is no evidence against the applicant to connect them with the crime. Learned Advocate further submits that the investigating agency has collected all the evidence and it is concluded in filing the charge sheet against these applicants. He further submits that there is no reason to keep these applicants behind the bars for indefinite period. Learned Advocate submits that applicant no.2 – Chunnilal Laxman Kaurati is prosecuting his studies and in view of the fact that charge sheet is filed, if the applicant no.2 is not released on bail, it will result into depriving him from prosecuting his studies. Learned APP has filed reply and opposed the application. 2 In the reply, learned APP has submitted that in the investigation, there is sufficient material collected against the applicant. Learned APP by inviting my attention to the report lodged by the wife of the victim submitted that the victim left the house by informing the wife that he is going to the house of the applicants to discuss about the dispute. In the statements recorded by the investigating agency, there is specific mention that the applicant no.1 was quarreling with the deceased and soon thereafter the witnesses heard the shouts and found the victim lying on the spot. Perusal of the record further shows that there is enough material against applicant no.1. Learned APP has also pressed an apprehension that if the applicant no.1 is released on bail, he may pressurize the witnesses as the witnesses are from same village. Learned Advocate for the applicant submits that insofar as applicant no.2 is concerned, he is ready to reside in village Katol for prosecuting his studies and also ready to abide by the conditions imposed by this Court. In view of the submissions of learned Advocate for the applicant and perusal of the record, which is placed before this Court, I am of the opinion that there is no case made out against the applicant no.1 for grant of bail, whereas applicant no.2 can be released on bail on some conditions. In the result, the application is partly allowed. The application in respect of releasing the applicant no.1 – Laxman Kaurati on bail is rejected. The applicant no.2 – Chunnilal Laxman Kaurati be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions. 3 a] The applicant no.2 shall not enter the village Dongargaon, Tah. Katol for a period of four months. b] The applicant no.2 to cooperate with the investigating agency and attend the police station, Katol, Dist. Nagpur every Sunday between 9.00 a.m. to 12.00 noon, for four months from today and thereafter as and when called by the police. c] The applicant No.2 shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. d] The applicant No.2 to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating officer/agency. e] In case the applicant is moving out of the area of police station, Katol, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale