IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.340 OF 2009 Dinkar Balasaheb Patil ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Shirish Gupte, Senior Counsel i/b. Kedar J. Patil for Applicant Shri S.R. Shinde, APP for State Shri Amit Sale for Complainant ---- CORAM: V.M. KANADE J. DATED 5TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 and other related offences of the Indian Penal Code. 3. The only material which is on record against the present Applicant is that he was seen near the place where the deceased was assaulted and that he had a motive to kill the deceased since the deceased had assaulted the present Applicant and a case against the deceased was pending under section 307 of the Indian Penal Code. Apart from this material, there is no other material connecting the Applicant to the commission of the offence. 4. An attempt was sought to be made by the Learned APP for the State to invite my attention to the statement made by the other Accused, which was recorded by the police under section 27 of the Evidence Act. The aforementioned inadmissible statement cannot be relied upon by the Court. 5. It is further submitted that the two accused, who were granted bail by the Trial Court had threatened the witnesses that if the present Applicant is released on bail, thereafter, they would decide the course of action which was to be adopted against the witnesses. It is submitted that the present Applicant is not entitled to get bail. 6. In my view, since there is no material on record, showing the Applicant's involvement in the punishable offence. Therefore, the Applicant deserves to be released on bail, particularly because the investigation is over and chargesheet has been filed. The apprehension of the Complainant from the witnesses can be taken care of by the Court by imposing strict conditions on the present Applicant. (i) The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. (ii) The Applicant shall not enter in the jurisdiction of Kavathemahankal Taluka during pendency of the trial. (iii) The Applicant shall give his new residential address to the Superintendent of Jail before he is released on bail and shall report to the nearest police station from his new residence twice in a month. (v) The Applicant shall not tamper with the evidence and threat to the witnesses. If any complaint is received against the Applicant, his bail shall be cancelled. 7. Application is disposed of. V.M. KANADE J.