1 APPLN 5106 OF 2009.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5106 OF 2009. Jaiprakash Motilal Dubey .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Subhash Jha, i/b M/s Law Global, for the Applicant. Mrs S.D. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th September, 2010 P.C. 1. The applicant Jaiprakash arrested in C.R. No.359 of 2008 of Manpada Police Station, Dombivali (East), Thane, for offence punishable under Sections 302, 307, 143, 147, 148, 149 read with 37(1) of the Indian Penal Code, seeks his enlargement on bail. He has been involved in murder of one Gurunath Bhoir. The incident took place on 2lst October,2008. According to eye witness, the applicant had allegedly pulled Gurunath Bhoir and others inside the house of applicant and beaten them. The applicant’s brother Omprakash Dubey and Mayur Dubey died in the incident and report was lodged against Gurunath and others. The learned counsel for the applicant states that in fact Gurunath and others 2 APPLN 5106 OF 2009.sxw have been charged with house breaking and beating them up resulting in death of Omprakash and Mayur. The question as to which party was was aggressor would be decided at the trial. All the members of the rival group involved in the incident, have been admitted to bail by various orders of this Court. Considering the fact that the witnesses are clearly divided in two groups, the members of rival group having been enlarged on bail, it is unlikely that applicants will be able to influence the witnesses or tamper with evidence. In view of this the applicant be released on bail on his furnishing PR Bond in the sum of Rs.35,000/- with one or more solvent sureties in the aggregate sum of Rs.35,000/- on the condition that he shall not enter the jurisdiction of Manpada Police station till the trial is over and shall report at the police station, in whose jurisdiction, the applicant accused proposes to stay during this period. He shall attend the concerned police station between 10.00 a.m to 1.00 p.m, till the trial is over. The applicant shall also furnish his address where he proposes to live and also communicate the phone/mobile numbers to the learned Judge of the Trial Court as well as to the concerned police station. (R. C. CHAVAN, J.)