IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.552 OF 2009 Ashok Bapu Chavan ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri A.P. Mundargi, Senior Counsel i/b. Shri M.S. Karnik for Applicant Shri D.P. Adsule, APP for State ---- CORAM: V.M. KANADE J. DATED 16TH FEBRUARY, 2009 P.C. 1. Heard the Learned Senior Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 r/w. 34 of the Indian Penal Code vide C.R. No.282 of 2007 of the Indian Penal Code registered at Shirur Police Station. 3. The Applicant is alleged to have been assaulted the deceased with fist blows and kicks according to the statement of one eye witness and with stick according to the statement of other eye witness. Though the presence is established as a result of the statements of these two eye witnesses, the question is whether the Applicant is said to be have shared the common intention along with the others. The chargesheet has been filed. The Applicant is in jail since last one and half years. All the members of one family said to have been committed the said offence. Taking into consideration the role attributed to the Applicant and the contradictory statements made by the eye witnesses regarding the role attributed to the Applicant in the said incident, the Applicant deserves to be released on bail subject to the certain conditions being imposed on him: (i) The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. (ii) The Applicant, however, shall not enter the jurisdiction of Shirur Police Station, Dist. Pune during pendency of the trial. (iii) The Applicant shall furnish his new address to the Superintendent of Jail before release on bail and shall report to the nearest police station from his new address twice in a month. (iv) The Applicant shall not threaten any of the prosecution witnesses. If any complaint is received by the police and if application is made thereon for cancellation of bail, his bail shall be cancelled. 4. Application is disposed of. V.M. KANADE J.