1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.729 OF 2010 Vishal Vitthal Dolas. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr. H.S.Deshpande for the Applicant. Shri. A.R.Patil, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 19th April, 2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.I-207/2009 registered by Rabale Police Station for the alleged offences punishable U/s. 307, 109 read with 34 of the I.P.C. and U/s. 3,25,27 of the Arms Act. The case of the prosecution is that due to enmity the present applicant fired bullet shot which hit the complainant in the abdomen. 2 Though there are several eye witnesses, it is noticed that motor cycle on which the present applicant and his friend admittedly came on the scene of offence was admittedly found in burnt condition. It is the applicant s case that he and his friends were sitting near the Durga Mandir, when the complainant and his friends went there and told the applicant he has set his motor cycle on fire and he may do what he would like to do. In this background, the incident took place. I find that the Investigating Officer has not investigated as to how the motor cycle of the present applicant came to be burnt down. In the circumstances, it is possible that offence may come down to Section 308 of the I.P.C. which is not punishable with life imprisonment. Charge sheet in the present case has been filed. The applicant was arrested on 21.6.2009. No antecedents are alleged against this applicant. In the peculiar background of this case, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in 3 pursuance of CR No. I-207/2009 registered by Rabale Police Station, the applicant may be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that he will report to the Investigating Officer once in a fortnight on every first and third Monday till the disposal of the trial and subject to further condition that he will not tamper with the prosecution witnesses. Bail is also granted on the condition that he will remain present all on the dates of the trial, unless exempted. Application is disposed off. ( R.S. MOHITE, J.)