[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2637 OF 2008 Balu Dhondiba Jagdale ..Applicant Vs. The State of Maharashtra ..Respondent ... Mrs.Revati Mohite-Dre Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 28, 2008 DATE : AUGUST 28, 2008 DATE : AUGUST 28, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.494 of 2007 of Pimpri Police Station, Pune. The said case is mainly under Section 302 of IPC. 3. In the present case the investigation is over and the charge sheet has been filed. There is no recovery at the instance of the applicant. The learned APP has pointed out that one Mirabai has named the applicant and she has stated that the applicant assaulted deceased with stone. There are [-2-] four eye witnesses in the present case. None of the other three eye witnesses, have named the applicant. As far as Mirabai is concerned, she has stated that one Raju Jagdale and some other persons assaulted her son. The learned advocate for the applicant submitted that the name of the present applicant is Balu Dhondiba Jagdale and his name is not Raju Jagdale and no witness has stated that Balu Jagdale i.e. the present applicant had participated in the incident. The learned APP has placed reliance on the statement of one witness Sunil. Sunil was present along with other accused persons at about 11 to 11.30 a.m. on the date of incident. He has stated that Balu Jagdale was present on the spot. Thereafter a call was received on the mobile phone by co-accused Baba. Baba informed everyone about the contents of conversation. Baba was enraged and he told all of them that they would go and kill Yellappa. This witness has stated that thereafter all of them left including the applicant. Witness Sunil has stated that he went home. 4. Sunil is not an eye witness to the incident, however, Mirabai is witness to the incident. She [-3-] has not named the present applicant. No other eye witness has named the present applicant as having taken part in the incident. In this view of the matter, I am inclined to grant bail to the applicant. 5. The applicant-Balu Dhondiba Jagdale be released on bail in the sum of Rs.35,000/- (Rs.thirty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Pimpri Police Station, once in a week till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]