1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 251 of 2008 i) Ramchandra Maruti Waghmare ii) Maruti Venku Waghmare .. Applicants versus State of Maharashtra .. Respondent ... Mr.Rahul S. Kate for the applicant. Mrs.M.M.Deshmukh APP for the State. Mr.Prashant Hazare for original complainant CORAM : D.G.KARNIK, J DATED : 7th March 2008 P.C.: 1. Heard. 2. By this application, the applicants seek bail in connection with the Crime No.112 of 2007 registered with Walchandnagar police station for the alleged offences punishable u/s.302, 363, 366, 366-A and 376 r/w sec.34 of the Indian Penal Code. 3. The prosecution case in short is that Ujwala 2 aged 16 years was in love with Ramchandra Pawar. On 12th June 2007, Ujwala along with sister in law viz. Sunita had been to the field. She was taken away by her lover Ramchandra Pawar with the help of applicants. Ramchandra Pawar and applicants killed Sunita and Ujwala is said to be an eye witness. Ujwala was missing from 12th June 2007 and came to police station along with lover Ramchandra Pawar on 17th June 2007. The statement was recorded by the police. In her statement, Ujwala did not state anything about the murder allegedly committed by Ramchandrau Pawar and the present applicants. After two weeks however, she made another statement to the police alleging the murder of Sunita and the role played by the applicants. 4. The applicants are not charged with an offence u/s.376 of the IPC but Ujwala’s lover Ramchandra Pawar is charged u/s.376 of the IPC. The applicants are only charged under section 302. There is no eye witness to the murder of Sunita except Ujwala. There are variations and discrepancies in her two statements, one recorded immediately on her return on 17th June 2007 and the second recorded on 3rd July 2007. 5. Co-accused in the offence punishable u/s.302 3 i.e. Rajesh Pawar and Yellappa Waghmare have been granted bail by this Court in Criminal Application no.3426 of 2007 vide order dated 7th January 2008. The case of the present applicants is not materially different from them. Hence on the ground of parity also, applicants claim. 6. The applicants are in custody since June 2007 i.e. for a period of more than six months and the trial is not likely to commence in the near future is revokes. This is also another circumstance which needs to be taken into consideration. Hence, I pass the following order:- O R D E R O R D E R O R D E R . The applicants be released on bail on personal bond of Rs.30,000/- each and two sureties of the like amount subject to the conditions that (i) the applicants shall not tamper with the prosecution witnesses nor shall they contact the eye witness Ujwala. (ii) The applicants shall report to the Walchand Nagar police station once every month between 1st and 5th of the British calendar month. In the event of breach of any of the conditions, bail shall be liable to be cancelled. 4 (D.G. KARNIK, J)