1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2344/2009 ( Ramesh Shrichand Rathod vs. State of Maharahstra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr R M Daga with Smt. S.S.Jachak Adv for applicant Mr Anup Parihar APP for Respondent-State C ORAM : A.P. BHANGALE, J. DATED : 8 th September, 2009. Heard the learned counsel for the respective parties. 2. The applicant is seeking bail in respect of Crime No.10/2009 reported at Borakhedi Police Station Dist. Buldana, for offence punishable under sections 302, 201, read with section 34 of the IPC. Learned Advocate for the applicants invited my attention to the FIR filed by Supdu Bhopala Chavan dated 23.1.2009 in which the first informant stated that while there was quarrel between Kailash Sardar Chavan and Eknath Chavan, the applicant-Ramesh had tried to separate them; but Kailash Chavan did not pay any heed to the attempt by Ramesh and assaulted Eknath; thereafter he pushed him inside the well. It is also stated that Kailash and Eknath were under the influence of liquor and Vishal son of the deceased as also Akash s/o Ramesh were present at the time of the incident. Their statements have also been recorded in the course of investigation. The statement of Akash indicated that his father had tried to separate Kailash Chavan and deceased Eknath while they were quarelling with each other. Kailash has been attributed with the active role of having caused head injury to the deceased-Eknath. Under these circumstances, it is contended that as against the applicant, the role attributed is limited in as much as he was trying to meditate between the quarrel. The main role attributed is against Kailash Sardar in the crime of alleged murder. The PM notes also indicated the cause of death due to 2 intra cerebral bleed as a result of head injury, caused to deceased Eknath Supdu Chavan. Under these circumstances, there appears prima facie two versions against the applicant. Therefore considering the remote possibility of his conviction for the offence of murder, he may be released on conditional bail. 3. Learned APP opposed the bail application on the ground that prima facie the material collected so far indicate involvement of the applicant. 4. Having considered the submissions at the Bar and after perusing the material and as stated hereinabove, there appears to be prima facie two versions against the applicant. Hence following order is passed : The applicant be released on bail in respect of Crime No.10/2009 reported at Borakhedi Police Station Dist. Buldana, for offence punishable under sections 302, 201, read with section 34 of the IPC upon executing PR bond in the sum of Rs.25,000/-, with one or more sureties in the equal amount, provided that the applicants shall attend the trial on each date of hearing and shall not tamper with the prosecution evidence in any manner. He shall inform his permanent address/ change in the address with phone/cellphone number to the Investigating Office and shall not commit any crime while on bail. Humdast granted. Observations made herein are for limited purpose of deciding Bail Application and the trial Court shall decide the case un-influenced by these observations. JUDGE. sahare