1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3213 OF 2008 Ganesh Vijay Aarade .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.A.P.Mundargi i/b Avinash Khamkhedkar for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 3TH OCTOBER, 2008. DATED : 3TH OCTOBER, 2008. DATED : 3TH OCTOBER, 2008. P.C.: . Heard Mr.Mundargi, learned counsel for the applicant and Mr.Shinde, learned A.P.P. for the State. 2. This application is filed for being released on bail by the sole applicant in C.R.No.105 of 2007 of Faraskhana police station. The said crime has been registered under sections 143, 147, 148, 149, 302 and 201 of IPC. It is on the allegations that the present applicant alongwith four others have brutally assaulted and killed the deceased - Nandu Waghmare on 27.5.2007. The alleged incident, according to the prosecution, was witnessed by four witnesses including the complainant - Sachin Umbarkar. The complainant at the first instance did not name the present applicant at all in the FIR recorded on 27.5.2007. However, in the supplementary statement which was recorded on the next day, he has named the applicant as one 2 2 2 of the assailants and has attributed to him the overt act stating that he assaulted the deceased with fist and kick blows. Similarly, other three eye witnesses, whose statements were recorded on the next day, have also stated that the applicant assaulted the deceased with fist and kick blows. Mr.Mundargi submitted that the medical evidence does not support the allegations against the present applicant. Moreover, he submitted that the complainant had not even named the applicant in the FIR recorded on 27.5.2007. 3. I perused the FIR and the statement of other witnesses from which it is clear that all four accused, except the present applicant, were either armed with sharp weapons or they actively participated in the alleged offence. Insofar as the present applicant is concerned, he was not even named in the FIR and even if it is accepted that he was also present and allegedly participated in the incident, the medical evidence does not support such case of the prosecution. It appears that the two accused held the deceased to facilitate the other two to inflict blows with sharp cutting weapons. The only role attributed to the applicant is that he assaulted the deceased with fist and kick blows. The medical evidence does not support allegations against the present applicant. In view thereof I am inclined to enlarge the applicant 3 3 3 on bail. Hence I pass the following order: . The applicant be enlarge on bail in the sum of Rs.35,000/- with one or two sureties in the like amount subject to the following conditions: that the applicant shall not enter Pune city for a period of six months from today and shall give his address where he proposes to stay during this period to the concerned police station within a period of two weeks from the date of his release. He shall also inform the name of the nearest police station where he propose to stay and shall report to the said police station after his release on every Saturday between 10.00 a.m. and 11.00 a.m. for a period of six months and thereafter he will be allowed to enter the limits of Pune city and in that event he shall report to the concerned police station on every Saturday between 10.00 a.m. and 11.00 a.m. till the conclusion of the trial. The trial Coiurt shall endeavour to take up this matter for hearing as expeditiously as possible and preferrably within a period of six months from the date of receipt of this order. . While passing this order I shall not be understood to have expressed any opinion on the merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)