1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.61/2011 (Balkrushna Kalnaji Raut .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.L. Khapre, Advocate for applicant, Mr. P.V. Bhoyar, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : JANUARY 27, 2011 Heard. By the present application, the applicant/accused arrested by Jaluka Police Station in connection with Crime No.5/2010 for offence under Section 302 r/w 34 of IPC, has prayed for temporary bail. The incident giving rise to the commission of offence taken place on 15.2.2010. The crime was registered after the dead body was found in the field of Devasthan situated opposite to the village. The prayer for temporary bail is sought on the count of father of the applicant have been passed away on 21.1.2011. The same is sought for performing his obsequies which was scheduled to be held on 31.1.2011. 2 Learned APP, on specific query, has stated that there are no eyewitness to a crime committed and the prosecution case squarely rests upon circumstantial evidence. He has stated that the prosecution is leaving the matter for grant of temporary bail to the Court but only urging that care be taken to see that the investigation and prosecution is not adversely effected by the same. The prosecution has not disputed the fact of the father of the deceased having passed away. The reference to the decision in a case of Nandkumar Pandurang Ghadge .vrs. State of Maharashtra, reported in 2007 ALL MR (Cri) 658 supports the submission of the learned counsel for the applicant that temporary bail has been granted by this Court in fit cases upon certain conditions. The bail being sought for performing the duty of applicant towards his deceased father and having regard to the principle that object behind the criminal prosecution is to punish the ailment of criminality and not the criminal, the prayer deserves to be upheld by imposing stringent conditions for safety of society at large. Having due regards to the nature of material so far collected in investigation and the report u/s 173 (1) of Cr.P.C. is yet not been submitted, the applicant is directed to be released on bail on furnishing a P.R. Bond in the sum of Rs.1,00,000/- with one solvent surety in the like amount for a period of 10 days from the date of his release up-till 10.2.2011 for performing obsequies of his father, subject to the conditions that the applicant : 3 (i) shall surrender before the trial Court seized with the matter without fail on 11.2.2011; (ii) shall use the order for the purpose for which same is granted and shall not misuse the same for any other purpose; (iii) shall reside at the place mentioned in the application and shall not leave Soyata village during the said period; (iv) shall attend Jaulka Police Station on every day during the said period for a period marking his attendance. He is permitted to attend the Police Station in between 9 am to 5 pm depending upon his presence required for the obsequies; (v) shall not indulge in any activity of tampering prosecution evidence; (vi) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. JUDGE Gulande