1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.970/2009 (Surendra @ Shyam Ramdasji Ghagare..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 11 th JUNE, 2009 Heard Shri Daga, Advocate for the applicant and Shri Thakre APP for state. By this application, the applicant is claiming bail as he is being prosecuted for the offences under section 489(b) and (c) r/w 34 of I.P.C., arising out of crime no.423/2008 of P.S. Wardha. Allegations against the applicant are quite serious, but then evidence appearing against him is only the statement of co-accused which does not appear to be a ‘confession’. The other accused from whose possession fake currency notes were seized are stated to be released on bail. Learned APP opposed this application saying that the applicant has committed this offence while he was on bail in the earlier offence of the similar nature and therefore, bail should not be granted. It is not on record as to whether the state had taken any steps for cancellation of bail of the applicant for the earlier offence, when he is alleged to have committed second offence. As the evidence appearing against the applicant in the present case appears to be quite weak, he would be entitled for bail, however, subject to 2 conditions. The applicant be released on bail, subject to condition that he shall report P.S.Wardha, on first Sunday of each month at 11.00 a.m., until further orders and shall not directly or indirectly tamper with the prosecution evidence and shall also not commit any such offence. Bail in trial court. Application stands disposed of. It is made clear that the above observations are in prima faice view of the matter and they shall not influence the trial court while dealing anything on merit. . JUDGE smp