1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1642 OF 2010 Nitin Ashok Shezwal ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Ms Vasundhara Rao, Advocate for the applicant Shri P.P. More, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th May, 2010. PER COURT : 1. Heard Ms Vasundhara Rao, learned counsel for the applicants as well as heard Mr. P.P. More, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant seeking bail in connection with C.R. No.69/2010, registered at Rahuri Police Station, District Ahmednagar for the offences punishable under Sections 302, 201, 114 read with Section 34 of the Indian Penal Code and Section 3/25 of Arms Act and Section 37(1)(3)/135 of the Bombay Police Act, since the applicant was arrested on 5.3.2010 2 thereunder and he is under judicial custody presently. 3. It appears that, the offence has been registered on the complaint lodged by Sampat Balkrishna Musmade on 3.3.2010 in respect of the occurrence of incident of assault by sharp edged weapon and also by firing bullets from pistol, at about 8.30 p.m. on 2.3.2010, wherein two victims namely Dattatraya Bhagwan Yeole and Ashok Balkrishna Musmade lost the lives. 4. On perusal of the investigation papers and after considering the rival submissions advanced by both the learned respective counsel for the parties, it is apparent that, the name of the applicant has not been disclosed in the contents of F.I.R. and consequently, no specific role has been attributed to him in the alleged occurrence of the incident of alleged crime. During the course of investigation, it was allegedly transpired that the accused Nos.11, 12 and 13 sold the pistol to accused No.3 in presence of the applicant herein and the said pistol was allegedly used in the aforesaid crime, as well as it was alleged that the said pistol which was used in the alleged crime was procured with the help of the applicant and not beyond that. 5. Besides that, the learned counsel for the applicant submitted that, the applicant is suffering from Low B.P. and acute 3 gastric and hence, he was admitted in Rural Hospital, Rahuri. It is also submitted that, thereafter he was referred to Civil Hospital, Ahmednagar for necessary further medical treatment and he was given the said treatment in the said hospital. Thereafter the applicant has been discharged from the said hospital with advised to refer him to better hospital at Pune. 6. In the circumstances, considering the alleged role of the applicant in the commission of the offence, and also considering the medical ground of the applicant and considering that the applicant is in judicial custody for more than two months, I am of the view that the applicant has made out a case for grant of bail since there is no propriety in keeping the applicant in custody further more. 7. In the result, present application is allowed and it is directed that the applicant be released on bail, in connection with C.R. No.69/2010, registered at Rahuri Police Station, District Ahmednagar on furnishing surety in the sum of Rs.20,000/- and on execution of P.R. bond in the like amount on the following conditions:- (i) The applicant shall attend the concerned police station as and when required, on written intimation, till filing of charge sheet and cooperate in the investigation. 4 (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 8. Needless to say that, the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri164210