IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 975 OF 2009 CRIMINAL APPLICATION NO. 975 OF 2009 CRIMINAL APPLICATION NO. 975 OF 2009 Rakesh Fulchand Dhkolia @ Mahakali ...Applicant (Orig.Accused No.1) vs. The State of Maharashtra ...Respondent Mr.Avinash Kamkhedkar for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 6, 2009 DATED : MARCH 6, 2009 DATED : MARCH 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 302, 201 read with 34 of the IPC registered vide C.R.No.293/2007 at the Dehuroad Police Station, Pune. 3. Prosecution case is that the deceased Arjun was assaulted by two unknown persons at about 9.30 p.m. on 26th October, 2007. The only material which is available against the present applicant is a gupti which was recovered at this instance. No test identification - 2 - parade has been held though there was eye witness to the said incident. 4. The learned APP for the State submits that several cases are pending against the present applicant. However, that by itself cannot be a ground for rejecting the application for bail particularly when there is no material on record against the present applicant except recovery of a gupti. 5. Under the circumstances, the applicant be released on bail in the sum of Rs.5000/- with or two sureties in the like amount for the aforesaid offence. The applicant, however, shall not enter the Pune City till the hearing and final disposal of the trial. He shall be permitted to enter the Pune City for attending the Sessions case. He shall give his new address before his release and shall report to the nearest police station from his new residence twice in a month. 6. The application is disposed of. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)