abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 225 OF 2008 Digambar Raghunath Sawant .. Applicant V/s The State of Maharashtra .. Respondent Mr.R.S. Thakur for the applicants. Mr,Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 26TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant has been arrested on 13th July 2007 in connection with the offence registered with Alibag Police Station under C.R. No.131/2007. Thereafter the charge sheet has been filed and the applicant is being tried in Sessions Case No.169 of 2007 for the offence punishable under section 302 read with 34 of the Indian Penal Code. 3. The prosecution case in short is that on account - 2 - of some dispute regarding the sharing of the commission out of a land deal, two co-accused, namely Arun Raghunath Bhalkar and Digambar Raghunath Sawant - the applicant herein killed Satish Nilu More on 11th July 2007. On receipt of information on telephone, Rajesh - the brother of the deceased went to the site of incident and found his brother Satish was seriously injured and was lying unconscious. He took him to the hospital in a rickshaw and Satish died in the hospital on the same day. It is alleged that whilst Satish was being carried to the hospital, he disclosed the names of two assailants who are the accused facing trial. 4. The FIR lodged by Rajesh does not state that Satish had disclosed the names while he was being carried to the hospital by him. The driver of the rickshaw from which he was being taken also does not state that the names were disclosed by Satish. The FIR states that Satish was in unconscious condition when he was carried in the rickshaw. 5. Learned A.P.P. submits that the wooden log with a steel blade fixed on it was recovered from the applicant which contained human blood stains. However, the panchanama (Exhibit-F page 19) also does not disclose that there were any blood stains. - 3 - 6. By an order dated 25th February 2007, the co-accused (Arun Raghunath Bhalkar) has been granted bail by this Court. Hence, on the ground of parity also the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on his executing personal bond of Rs.25,000/- with two sureties of the like amount subject to the following conditions:- (a) The applicant shall attend the concerned police station once a month between 1st and 5th day of every British calendar month till the conclusion of the trial. (b) The applicant shall not change his present place of residence without prior intimation to the police. (c) The applicant shall not directly or indirectly make any inducement or give threats to any of the prosecution witnesses and shall not in any way tamper with the prosecution evidence. (D.G. KARNIK, J.)