1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI.APPLN.NO. 2688 OF 2009 APPLICANTS : 1. CHARANDAS S/O.GOVINDA MESHRAM, AGED ABOUT 60 YRS., OCC.:LABOURER, 2. BHARAT S/O.CHARANDAS MESHRAM, AGED ABOUT 23 YEARS, OCCU.: LABOURER, 3. MANOJ S/O.CHARANDAS MESHRAM, AGED 21 YEARS, OCCU.: LABOURER, ALL R/O. SINDEWANI, TAH.SAONER, DISTT. NAGPUR (ALL IN JAIL) // VERSUS // NON-APPLICANT : THE STATE OF MAHARASHTRA THR. P.S.O. KHAPA POLICE STATION, DISTT. NAGPUR. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- Mr R.M.Patwardhan, Advocate for Applicants. Shri Anoop Parihar, APP for Respondent. CORAM : A. P BHANGALE, J. DATED : AUGUST 11, 2009. 1. Heard learned counsel for the parties. 2. In view of the role attributed to the applicants No.2 and 3 at the time of the incident in the FIR regarding their alleged involvement in offence which was initially registered under Section 307 the matters are 2 converted into 304 after the death of victim Manibai Meshram. The learned Advocate Shri Patwardhan do not want to press the bail application for applicants No.2 and 3. However, regarding applicant No.1 it is contended that he is old person about 60 years, labourer by occupation and no active role was attributed to him in the F.I.R. as well as in subsequent Dying Declaration etc. chances of his conviction are remote according to the learned Advocate for the applicant. On the other hand, it is contended by the learned Additional Public Prosecutor that all three applicants were present at the time of the incident. 3. Be that as it may, mere presence without active role attributed to applicant No.1, could not be the justified ground to deny the benefit of bail considering his advanced age. Hence, I am inclined to grant bail to applicant No.1. 4. Applicant No.1 Charandas Govinda Meshram be released on bail upon his executing PR Bond in the sum of Rs. 25,000/- with one or more solvent sureties in the like sum, provided that he shall not commit any crime during the period of enlargement on bail. Applicant shall cooperate with investigation and shall attend Investigating Officer as and when called. He shall not tamper with prosecution evidence and influence any of the prosecution 3 witnesses . He shall not misuse his liberty. He shall leave his permanent residential address along with telephone/cell phone number with the Investigating Officer. He shall attend each date of hearing in the session. 5. Hamdast granted. JUDGE RR.