IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 140 of 2010 Vangipuram v. State of Maharashtra ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R.P. Joshi, Advocate for applicant Mr Adgokar, APP for State Coram : A.P. Bhangale, J Dated : 10th February 2010 1. Heard learned counsel for the parties. Applicant is seeking bail in crime no. 20/09 reported under Sections 302, 364, 120-B of the Indian Penal Code read with Sections 3/25 of the Arms Act registered with Police Station, Virur, District Chandrapur. 2. It is alleged that the present applicant was landlord of deceased Pradeep Mallamwar and they had dispute regarding vacating the rented premises. It is further alleged that the applicant had entered into conspiracy to eliminate said Pradeep in consideration of huge amount paid to assailant. Learned counsel for the applicant contended that the accusation although serious in nature, there is no evidence except statement made by the co- accused Lalit recorded by Police during the course of investigation. Learned counsel for the applicant submitted that such evidence is weak in character and may not lead to conviction of the applicant for such serious accusation of murder. Further, it is submitted that applicant is not keeping good health in jail and was reportedly admitted in civil hospital, Chandrapur. The Superintendent of Chandrapur Jail informed wife of the applicant regarding admission of the applicant in jail informing her that she can meet him in the hospital. Learned counsel, therefore, prayed that the applicant has been suffering from urinary ailment. He is of advanced age (65 years) and therefore, he would like to live a peaceful retired life by taking his own care under medical supervision. He is ready to abide by any conditions that may be imposed on him for attendance at trial etc. and for early disposal of trial. His prayer for grant of bail on medical ground was rejected by the Addl. Sessions Judge, Chandrapur on the ground that there are facilities available in the Government Hospital. However, learned Advocate disputes this aspect on the ground that applicant can avail of better facilities in private hospitals as also care by his wife while receiving medical treatment for old-age ailments from which he is suffering. 3. Learned APP objected grant of bail on the ground that there is sufficient evidence against the applicant. 4. Although accusations are grave, in the alleged incident of murder of Pradeep, no active role has been attributed to the present applicant except accusation that he was interested to recover possession of tenanted premises in respect of which civil dispute was pending between applicant and the deceased. Accusations against the present applicant consist of alleged criminal conspiracy by making payment to the alleged assailant. Taking into consideration all these circumstances as also medical ground pleaded for grant of bail and advanced age of the applicant, I am inclined to grant conditional bail in his favour. 5. Applicant be released on executing PR Bond in the sum of Rs. 30,000/- with two or more sureties in the like amount provided further that he shall attend trial on each date of hearing unless exempted on medical ground. He shall not tamper with prosecution evidence in any manner. He shall not commit any crime while on bail. He shall inform his fixed address with telephone/cell phone number (if any) to the Investigating Officer as also the Court concerned and shall communicate change therein, if any, in future. Application disposed of. Hamdast granted. Judge. Hsj