1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 4322/2008 (Rushi Kunjilal Singandhupe & 4 others vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 17 th APRIL, 2009 Cri.Application NO. 4370/2008 Heard Shri Masurke, Advocate, for the applicants. Filing of affidavit for the present is dispensed with. Application disposed of. Cri. Application No. 4322/2008 Heard Shri Masurke, Advocate, for the applicants and Shri Thakare, APP, for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicants along with other accused are facing trial for the offence under Sections, 302, 147, 148, 149 of IPC, arising out of Crime NO. 62/2008 of Police Station, Gondia 2 (Rural). It is informed that the other accused in this case have been released on bail. It appears from the impugned order that the statement of the witness who had incriminated the present applicants is dated 30.4.2008. The incident is of 21.3.2008 i.e. after considerable lapse of time. It is also pointed out by the learned counsel for the applicant that the fact that the main accused released on bail was also brought to the notice of the trial Court. However, the learned trial Court rejected the application of the present applicants only on the ground that they have been absconding. It appears that the learned trial judge did not consider the aspect of the late recording of statement of the witness who had intimated the present accused. There is no satisfactory explanation appearing on record as to why his statement was recorded so late. The fact that other main accused are already released on bail also cannot be overlooked. In these circumstances, the applicants would be entitled for bail. 3 Each of the applicants be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- each, subject to conditions that they shall report at Police Station Gondia (Rural) on First Sunday of each month at 11 a.m. and they shall not directly or indirectly tamper with the prosecution evidence and shall not involve in any criminal offence. Bail in lower Court. Application disposed of. Hamdast granted. JUDGE Rvjalit