1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3693/2009 [(1) Ashok Murari Tupkar and another vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A. S. Mardikar, Adv.for applicant Mr C N Adgokar APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 14, 2010. Heard submissions at the Bar. 2. The applicants are praying for grant of bail in connection with Crime No.48/2009 reported at Sakharkherda Police Station Dist.Buldana on 24.9.2009 for offence punishable under section 307 read with section 34 IPC, which, later on, came to be converted into 302 IPC, at the instance of one Santosh Bhikaji Kulthe, who accompanied with the deceased Prabhakar to his agricultural field where the incident in question had occurred. According to first informant, he had named one Yogesh Ramchandra Tupkar; Ramesh Ramchandra Tupkar and Shashikala Ramchandra Tupkar as assailants in the first information report. It is contention raised on behalf of the applicants that their names did not figure in the FIR which was lodged by an eye witness to the incident; but on the basis of alleged oral statement made by the deceased, the applicants are being sought to be 2 implicated in a serious offence of murder. 3. Learned Advocate for the applicants contended that if according to Investigating Agency, the injured had survived the incident for the day till 5.00 p.m. there was no reason why the dying declaration could not be recorded. Be that as it may; at this stage, considering the prima facie material collected during the course of investigation, and since the applicants were not named by the solitary eye witness to the incident who reported the matter to the police, I am inclined to grant conditional bail since the co-accused Shashilaka and Ramchandra were already released on bail by order dated 5.1.2010 in Criminal Application No. 3603/2009 and the applicants can certainly claim parity with them, for grant of bail. Hence the following order is passed: The applicants be released on bail in connection with Crime No.48/2009 reported at Sakharkherda Police Station Dist.Buldana on 24.9.2009 for offence punishable under section 307 read with section 34 IPC which subsequently came to be converted into 302, 143, 147,148, 149 of the IPC, upon executing PR bond in the sum of Rs. 30,000/- to be provided by each of them, with one or more sureties in the like amount to be provided by each of them, provided that they shall not tamper with the prosecution evidence and shall not communicate with witness or witnesses. They shall communicate their fixed address with 3 telephone/Cellphone Number, if any, to the Investigating Officer, as well to the trial Court. They shall not commit any crime while on bail. Application is allowed accordingly. JUDGE sahare