1 BA-1735-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1735 OF 2011 mhi Anil Shivaji Wategaokar ... Applicant vs. The State of Maharashtra ... Respondent Mr. Hiten S.Venegavkar,Advocate for the applicant. Mr. Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 15th December,2011. P.C. 1. Heard. The applicant seeks to be released on bail in Crime No.55 of 2011 registered with Islampur Police Station, District Sangli, under Sections 302, 143, 147, 148, 341 read with Section 149 of IPC. 2. Prosecution case, in brief, is that deceased Sukhdev and his friends were accused in a case of attempt to commit murder of one Shivaji Wategaokar and his wife . That incident had occurred in September 2008. Sukhdev and his friends were granted bail in that case. Therefore, Shivaji Wategaokar and his family members were angry and they used to give threats to Sukhdev. On 1.4.2011, Sukhdev left his house on a motorcycle, but did not come back. He was found dead with number of injuries on his person at about midnight. FIR was 2 BA-1735-11.sxw lodged by his father Sopan wherein he suspected that seven persons named therein might have committed murder. The present applicant is one of them and he is son of Shivaji Wategaokar. 3. Investigation is completed and charge sheet is filed. Admittedly, there is no eye-witness of the incident. It appears that certain blood stained clothes and weapons were discovered on the basis of information given by co- accused Jaitappa Hanmant Mangule. According to the prosecution, the blood stained clothes included the clothes of the present applicant also. However, for that purpose, there is no material. Except the said recovery, there is no other material against the present applicant. 4. The learned Counsel for the applicant points out that three other accused persons in the similar circumstances have been granted bail in this case. The case against the present applicant cannot be distinguished from the case against them. 5. Therefore, the applicant be released on his executing P.R. of Rs.50,000/- with one or more solvent sureties with condition that he shall not tamper with the prosecution evidence and shall attend Islampur Police Station on 3 BA-1735-11.sxw 1st Sunday of every month between 10.00 a.m. to 1.00 p.m. till end of the trial. (J.H.BHATIA,J.)