MP 1 BA1795_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1795 OF 2011 Ganesh Vitthal Bibawe ... Applicant Versus The State of Maharashtra ... Respondent Mr. U.P.Warunjikar, Advocate for the Applicant. Mr.Y.S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 22ND DECEMBER 2011 P. C. : Heard. 2. The applicant seeks to be released on bail in crime No.82 of 2011 registered with Dattawadi Police Station, Pune, for the offences punishable under Sections 143, 146, 148, 149, 302, 307 and 120-B of the Indian Penal Code as well as under the provisions of MCOC Act. 3. Prosecution case, in brief, is that one Akash Shinde had some quarrel, and therefore, he was taken to Dattawadi Police Station on 08.05.2010 at 10.00 p.m. Therefore, his friends first informant Atul @ Pappu Kudale, Sachin Kudale, Balaji Kadam, Santosh Shendge and Nanya also went to the police station on their motorcycles. At about 12.30 or so in the night, Akash was released by police after warning. Atul and Akash left police station by Maruti car while others left on their motorcycles. When they were on the over bridge, Atul heard sound of firing and also saw 4 or 5 motorcycles on which some boys had come seating in double and triple seats. Nilesh Gaiwal fired at Atul while Santosh Gawde threw a chopper towards him but Atul saved himself. MP 2 BA1795_11 Nilesh Gaiwal also fired at Sachin due to which he suffered injuries and fell down. He was taken to doctor but within short time he died. The F.I.R. was lodged by Atul on the same day. In the F.I.R., he had given names of some of the persons, who were accompanying Nilesh Gaiwal and Santosh Gawde but name of the present applicant was not there. However, in his supplementary statement recorded on the same day, he gave names of the companions of Nilesh Gaiwal and Santosh Gawde. Applicant Ganesh Bibawe was also one of them. Statement of Santosh Shendge was also recorded on the same day. He also showed the presence of the present applicant along with other assailants. Statement of one more witness Kedar Bandal was recorded on 24.09.2010, that is almost after four and half months after the incident. He also showed the presence of the present applicant along with others. However, none of them have stated anywhere that the present applicant had actually assaulted. Post- mortem report reveals that there was firearm injury on the scapular line and that was the cause of the death. There were six other abrasions on different parts of the body including right temporal region, right cheek, right shoulder and arms. None of those injuries were caused by any sharp weapon. As per the statements, the present applicant and other accused were armed with choppers. According to prosecution, a chopper was recovered from the present applicant. The learned Counsel for the applicant points out that several other accused persons, in similar circumstances, have been granted bail either by the Sessions Court or by the High Court. Nitin @ Appa Deshmukh, Anna @ Dinkar Tware and one Tanaji Nalawade were granted bail by the High Court on 13.10.2011. Chopper was seized from Nitin and khukari was recovered from Anna. The Court noted that these weapons were not used by the said accused persons, and therefore, they were granted bail. The case against the present applicant cannot be distinguished from the case against the accused persons who are granted bail. MP 3 BA1795_11 4. Therefore, the applicant be released on his executing P.R. of Rs.50,000/- with one or two solvent sureties to make up the amount with condition that he shall not tamper with the prosecution evidence and shall report at Dattawadi Police Station on every Sunday between 10.00 a.m. to 1.00 p.m. for three months and then on first Sunday of every month till end of the trial. (J. H. BHATIA, J)