*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3274/2009 Avinash @ Karjat Anandrao Pawar. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.S.R.Chitnis, Senior Advocate i/b Mr.Nitin Sejpal & Ms.Pooja Bhojne, Advocates for the Applicant. Mr.J.P.Yagnik, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 10th September, 2009. PC:- 1 Heard. 2 One Avinash @ Karjat Anandrao Pawar has filed this application for regular bail under Section 439 of the Code of Criminal Procedure in connection with Crime No.I-539/2008 registered at Rabale Police Station for the offences under Sections 302, 307, 120-B r/w 34 of the Indian Penal Code and Sections 3, 25 and 27 of the Arms Act. 3 According to the prosecution, the present Applicant along with other co-accused have conspired to commit the murder of one Nitin Prabhu, resident of New Mumbai. One Sunil @ Hatoda Bhimrao Suryawanshi and Majeed Fakir Mohammad fired by 9 mm pistol at Nitin Prabhu and committed his murder on 01.11.2008 at *2* night. The deceased was proceeding in the company of the first informant Anirudh Samant on motorcycle at which time the deceased received a mobile call and hence, asked the first informant to stop the motorcycle and had got down with a view to talk on mobile phone. At that point of time, the aforesaid two persons viz. Sunil and Majeed fired the bullets by 9 mm pistol and on account of injuries sustained, Nitin Prabhu expired whereas the first informant received the serious injuries. 4 Perusal of the First Information Report reveals that the deceased had informed the first informant who was close friend of the deceased that on 13.10.2008 he had quarrel with Sanjay Jadhav and in concluding part of the First Information Report, the first informant has stated that on account of quarrel which had taken place between the deceased and Sanjay Jadhav on 13.10.2008 and on account of financial dispute between the two arising from the business activities, so also on account of threats given by Sanjay Jadhav to Nitin Prabhu that he will finish him within eight days; the first informant had suspected that the offence has been committed at the instance of Sanjay Jadhav. 5 So far as the present Applicant is concerned, mainly the charge is of conspiracy under Section 120-B of the Indian Penal Code. 6 Sanjay Jadhav has been released on bail. The two accused who have allegedly fired the bullets are also released on bail. 7 According to the prosecution, the present Applicant had made the phone calls to the deceased on 4 or 5 occasions and had *3* asked him to come to Hotel Abhinandan. At about 11:15 pm the deceased had met the Applicant at the said hotel. It is also the case of prosecution that the Applicant had asked the deceased as to whether he would like to take dinner with the present Applicant to which the deceased had replied that he has already had his meals and left the place. 8 Barring this, no involvement of the present Applicant is seen from perusal of the First Information Report. 9 To a pertinent query, the learned APP fairly submits that the prosecution has not been able to trace the last call received by the deceased which facilitated the commission of crime. 10 If that be so, I am of the clear view that the present Applicant is entitled to be released on bail more so as the co-accused Sanjay Jadhav, Sunil @ Hatoda Bhimrao Suryawanshi and Majeed Fakir Mohammad are granted bail. 11 In the result, I direct that the Applicant shall be released on bail on executing a personal bond in a sum of Rs.30,000/- with one or two sureties in the like amount, in Crime No.I-539/2008 registered at Rabale Police Station. The Applicant shall attend the concerned Police Station once a month till the conclusion of the trial. The Applicant shall not tamper the evidence and/or shall not contact or pressurize the witnesses. 12 The Application is allowed and disposed of accordingly. (A.P. Deshpande, J) *4* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3423/2009 Sachin Ananda Sane. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.S.R.Chitnis, Senior Advocate i/b Mr.Nitin Sejpal & Ms.Pooja Bhojne, Advocates for the Applicant. Mr.J.P.Yagnik, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 10th September, 2009. PC:- 1 The involvement of the present Applicant is similar to that of a co-accused by name Avinash @ Karjat Anandrao Pawar. His bail application is allowed. 2 Hence, for the reasons recorded in the order dated 10.09.2009 passed in Criminal Application No.3274/2009, the Applicant deserves to be released on bail. 3 In the result, I direct that the Applicant shall be released on bail on executing a personal bond in a sum of Rs.30,000/- with one or two sureties in the like amount, in Crime No.I-539/2008 registered at Rabale Police Station. The Applicant shall attend the concerned Police Station once a month till the conclusion of the trial. The Applicant shall not tamper the evidence and/or shall not *5* contact or pressurize the witnesses. 4 The Application is allowed and disposed of accordingly. (A.P. Deshpande, J)