1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3268/2009 ( Vinod Dharmuji Mankar and ors. .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. O.K. Masurke, Advocate for Applicants Mr. D.P. Thakre, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 10, 2009 Heard. The prayer for bail by the applicants/accused in connection with Crime No. 62/2008 registered with Police Station Gondia against the applicants and 16 more persons for commission of offence punishable under Section 302, 201, 147, 148 of IPC in connection with an incident which had occurred on 22.3.2008 deserves to be considered having regard to the fact that the statement of the sole eye witness for the said crime was recorded much after delay of more than one month of occurrence of incident and the same fails to disclose plausible explanation for such inordinate delay occurred in recording the statement and prima facie considering account of an incident occurred as disclosed from the same failing to reveal either the applicants being main accused and/or having played any significant role other 2 than the co-accused in unlawful assembly involved in commission of crime and already released on bail, the investigation being complete, charge sheet being filed and even the case also being committed for trial. Needless to add that same will deserve consideration as no particular circumstance being urged by the APP for not exercising the discretion in favour of grant of bail to the applicants. In the premises aforesaid the applicants having made out a case for grant of bail, each of them are directed to be released on bail on each of them furnishing a PR bond in sum of Rs.25,000/- with one surety in the like amount and subject to further conditions of each of them (i) residing upon the address mentioned in the application and not changing the same without prior permission of the trial Court ,(ii) attending Police Station on first Sunday of every month until disposal of the trial, (iii) not indulging in any activity either directly or indirectly of tampering the prosecution evidence and (iv) not committing any offence while being on bail granted by this order. JUDGE halwai