1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.173/2011 (Shekh Altaf Shekh Abdul .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Aniruddha Jaltare, Advocate h/f Mr. A.S. Jaiswal, Advocate for applicant, Mr. A.S. Sonare, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : APRIL 27, 2011 Heard. Though prayer for bail made by one of the applicant/accused charge sheeted by Sakharkherda Police Station as a result of investigation of Crime No. 61/2010 registered on 24.6.2010 for offence under section 302 r/w 34 of IPC is objected by the learned APP on the ground of involvement of the applicant in the commission of offences for which he is charge sheeted being borne from the material collected during the investigation, still considering account of incident of the crime as disclosed from the first information report lodged by his wife Nilokar Anjum Sheikh Matlab and eye witness Sheikh Alam, make it abundantly clear that the incident had occurred due to the deceased demanding 2 share in the ancestral property, deceased was not armed with any weapon, his other two brothers were the main assailants and death had ensued in all probability due to the assault made by them, the applicant has made out a case for exercising discretion in favour of grant of bail. However, considering the facts and circumstances of the crime, it will be proper to impose certain conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend the Sakharkherda Police Station in between 11.00 am and 2.00 pm on every Monday until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while being on bail. The application stands disposed of. JUDGE Gulande