IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2234/2009 [Jageshwar Kewalram Chandewar vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 1 st JULY, 2009 Heard Shri Daga, Advocate, for the applicant and Shri Mandpe, APP, for respondent State. This is application under Section 439 of Cr.P.C for grant of bail. The applicant is being prosecuted for the offences under Sections 121, 171(f) of I.P.C r/w Section 20 of Unlawful Activities Prevention Act in Crime No. 13/2009 of Police Station Duggipar. The main allegations against the applicant is that he is associated with naxalite movement and taking active part in their activities. The main evidence against the applicant is the report of P.I Dodke and the statements of other witnesses viz. Varsha Yerne, Kamlesh Kellao, Kashiram Gedam and Manik Kodwate. The statement of P.I. Dodke is to the effect that when he visited the said village, he came to know that applicant had supplied the posters, banners etc in support of naxalite movement and for bye-cot of the parliament election. His statement/report is, however, silent as to who had supplied that information to him. As regards statement of witnesses, referred above, suffice it to say that their statements were recorded some time in May, 2009. The applicant seems to be arrested in the night of 1 st April, 2009. The explanation for delay in recording the statement of these witnesses has not come forward. In these circumstances, the applicant can not be denied bail. He be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall report at Police Station Duggipar on first Sunday of each month at 11 a.m until further orders. Bail in trial Court. Application disposed of. JUDGE Rvjalit