SKT 1 22.appln.870.2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.870 OF 2010 Santosh Narayan Kanse & Anr. .. Applicants V/s. The State of Maharashtra .. Respondent ..... Mr.Hiten S. Venegavkar, Advocate for Applicants. Mr.P.S.Hingorani, APP for the State. ..... CORAM : A.R.JOSHI, J DATED : JULY 8th, 2010. P.C. 1. Heard rival submissions at length today and also on the earlier date. After hearing on the earlier date, matter was kept today for the presence of the Investigating Officer and for ascertaining certain factual position as to whether any specific role is assigned to the present applicants so as to see their involvements in the offence charged. The applicants are facing the main charge of the offence punishable under Section 302 of the SKT 2 22.appln.870.2010.sxw Indian Penal Code with other ancillary charges for the offences under Section 5, 27 of the Arms Act and mainly application under Section 149 of the Indian Penal Code. 2. Though it is a matter of double murder case, the main role is attributed to the other co- accused persons who actually entered into the shop of the victim and assaulted him with sharp weapons and also by using fire arms. Victim was killed instantly on some rivalry for not vacating the residential premises. 3. So far as the allegations against the present applicants are concerned, 1st informant states that after the incident, these applicants were seen running from the spot and holding sticks in hand. The incident occurred on 6th September 2007 whereas the recovery of sticks from the present applicant were occurred after six days on 12th September 2007. On perusal of the C.A. Report shown to the Court, it must be said that it is not incriminating as the blood grouping is inconclusive. Apart from the 1st informant there SKT 3 22.appln.870.2010.sxw are two other witnesses including wife of the deceased. They take names of applicant nos. 1 & 3 as the associates of the main accused and according to these witnesses, these applicants were present outside along with various other accused persons and they kept a watch on the shop where the actual incident of shooting occurred and allegedly applicants gave threats to the said wife and also to the witnesses not to proceed further in the direction of the incident or otherwise they would face dire consequences. 4. During the arguments, the learned advocate for the applicant submitted that two co-accused were released on bail by the order of the Hon'ble Apex Court in SLP and the role assigned to one of such co-accused by name Khandya Pawar is at par the role attributed to the present applicant as to holding sticks in hand and running away from the spot. 5. Considering the above circumstances and still considering the gravity of the offences charged against the main applicant, and considering what SKT 4 22.appln.870.2010.sxw is alleged against the present applicants and the effect of the findings in the C.A. report, present applicants can be released on bail on certain conditions. Hence the following order : O R D E R 1.The Criminal Application No. 870 of 2010 is allowed. 2.The Applicants shall be released on bail on their executing P.R.Bonds in a sum of Rs.20,000/- (Rupees twenty thousand) each with one surety for the like amount each. In the event of availing the bail, the applicants shall attend the Islampur Police Station once in a week on every Sunday between 10.00 a.m. to 12.00 noon till the conclusion of trial. 3.The applicants shall not either directly or indirectly try to influence the prosecuting SKT 5 22.appln.870.2010.sxw witnesses and shall also attend the regular Court dates. This specific condition is imposed as the learned APP for the State made such a grievance and there is a report of the local APP who is seized of the matter. It is seen that while disposing of the SLP, the Hon ble Supreme Court had already expedited the hearing of the trial vide order dated 17th July 2009. However, till today, reportedly even the charge is not framed. The learned Sessions Court seized of the matter shall take note of the directions of the Hon ble Apex Court and disposed of the matter in accordance with the law. (A.R.JOSHI,J.)