1 appa856.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No. 856 of 2010 in Criminal Appeal No. 475 of 2010 Rao David Fernandes @ Devraj ....Applicant Vs. The State of Maharashtra ....Respondent Ms. Indu Varma for the applicant. Mr. D.P. Adsule-APP for respondent/State. CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ DATED:- SEPTEMBER 14, 2010 P.C. Heard Counsel for the Applicant and Learned APP for the State. The Appeal is already admitted on 23rd June, 2010. The Appeal has been filed through jail. The present Application is for bail. We find force in the argument of the Applicant that there is discrepancy in the evidence of PW2-sole eye witness and PW7 which remained unexplained and casts doubt on the involvement of the Applicant. It is not in dispute that there is only one eye 2 appa856.10.sxw witness in this case. If that evidence is to be ignored, it would be difficult to sustain the finding which is recorded against the Applicant. There is one circumstance which has been noticed by the trial Court namely blood stains found on the under pant of accused and on his footwear. However, what has been glossed over is that the prosecution made no attempt to establish the fact that the blood group of the accused was other than ‘B’ group. The evidence which has come on record merely points out that blood group of deceased was ‘B’ group. Thus understood, even this circumstance does not take the matter any further for the prosecution. 2. Taking over all view of the matter and considering the fact that the incident has happened on the spur of the moment and under the influence of alcohol and the age of the applicant is around 67 years and that he has already undergone more than two years of imprisonment in connection with this offence, we are inclined to release the Applicant on bail. We accordingly, allow this application on the following terms:- i) The Applicant is ordered to be released on bail in connection with Criminal Case S.C. No. 117/2008 in C.R.No. 212/2008 on furnishing bail bond of Rs. 10,000/- with one or more sureties amongst which one should be local surety in the like amount. 3 appa856.10.sxw ii) The Applicant shall report to local police station where he would ordinarily reside during the bail period once in two weeks between 10.00 a.m. to 12.00 p.m. on Monday. iii) The Applicant shall not go outside the Greater Mumbai area without giving 24 hours prior intimation to the local police station and also disclose the place where he would visit during the relevant period. (U.D. SALVI, J) (A.M.KHANWILKAR, J)