1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 409 OF 2011 IN CRIMINAL APPEAL NO. 137 OF 2011. (RAMESH PANDURANG KALE & ANR...VS..STATE OF MAHARASHTRA THR. PSO IMAMWADA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Jaltare, Advocate for Petitioners. Mr. N.S.Khubalkar, A.P.P. for Respondents/ State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : JULY 07, 2011. Heard learned counsel for the parties. The applicant, along with other accused, has been convicted for the offences punishable under Sections 302 and 324 read with Section 149 of the Indian Penal Code. The applicant is now seeking bail. There are four eyewitnesses to the incident i.e. P.W. 1, P.W. 2 Dharmendra, P.W. 3 Raju and P.W. 4 Sudhanshu. P.W. 1 Arun, P.W. 2 Dharmendra and P.W. 3 Raju have not identified the present applicant in the Court as having taken part in the incident. The only witness who states about the applicant is P.W. 4 Sudhanshu. Sudhanshu has stated that at the time of the incident the present applicant was holding knife. He has not attributed any overt act to the applicant. His averment that the applicant was holding knife is concerned, it is found to be an omission. Hence, no reliance can be placed on the same. 2 The learned Additional Public Prosecutor submitted that there is recovery of two vehicles at the instance of the applicant. Panch in relation to this recovery has not supported the prosecution. Looking to the evidence on record, we are inclined to grant bail. Hence, the following order : Sentence of imprisonment imposed on the applicant is suspended and the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.Twenty Five Thousand with one solvent surety in the like amount. The applicant shall report to Imambada Police Station, Nagpur once in a fortnight till disposal of the instant appeal. The application stands disposed of accordingly. JUDGE JUDGE RR..