1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 1914/2010 (Shital Gulabsingh Thakur .vs. 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.S. Akbani, Advocate for Applicant. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JANUARY 10, 2011 Heard. Though the prayer for bail in connection with Crime No. 131/2010 for offence under Sections 302 and 326 of I.P.C. has been vehemently opposed by the learned APP on the count that the material collected during the investigation prima facie shows involvement of the applicant in connection with the offence for which he has been charge sheeted, it is difficult to accept the said submission after careful perusal of the case diary shown to the Court. Such a conclusion apparently emerges as the account of incident as prima facie disclosed from the matters narrated in the F.I.R. which is admittedly not lodged by the eye witness and so also from other material in shape of statements of other three eye witnesses namely Sandip Barapatre, Bhagwan 2 Sonkusare and Purushottam Varale does not transcend beyond applicant having committed any act other than pushing victim with force on his refusal to pay the money to the applicant for consuming liquor and thereon victim sustaining fall on the ground and receiving injury which ultimately resulted in his death on next day. Needless to add that the material in the charge sheet prima facie also does not reveal user of any weapon on part of the applicant much a less dangerous weapon and on the contrary reveals that after the victim has sustained a fall and become unconscious, it was the applicant who had taken him to the hospital for the treatment. Having regard to such character of material regarding the act allegedly committed by the applicant, the applicant has made out a case for his release on bail with certain strict conditions. Hence the applicant is directed to be released on bail upon furnishing a P.R. bond in the sum of Rs. 50,000/- with one or more sureties in the like amount and subject to the conditions that the applicant (i) shall attend the Panchpaoli Police Station in between 11 and 2 p.m. on every first day of week for a period of two months and thereafter on every alternate Monday of every month for a period of six months and thereafter on every Monday in a month until conclusion of the trial; (ii) shall not indulge into activities of tampering the prosecution evidence; (iii) shall not commit any offence while on bail and (iv) shall not leave the jurisdiction of Panchpaoli Police Station without the permission of the trial Court. 3 In view of disposal of Criminal Application No. 1914/2010, Criminal Application (APPP) No. 1163/2010 also stands disposed of. JUDGE halwai