1 BA 1185-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1185 OF 2011 Datta Mahadeo Bhise .Applicant V/s. The State of Maharashtra .Respondent Mr.Y.M.Choudhary i/b. Mr.Ajay Basutkar, Advocate, for the Applicant Mrs.M.R.Tidke, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27TH SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by a person, who is arrested in connection with C.R.No.112 of 2010 for the offences punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code registered with Swargate Police Station, Pune and who has been named in the FIR filed by the victim's wife as one, who had called the victim out on 20th 2 BA 1185-2011 March, 2011 at about 12:30 p.m. for collection of subscription for Ambedkar Jayanti. At about 1:30 p.m. she learnt from a stranger that her husband was lying in a pool of blood. On this, investigation commenced. There are supposed to be two eye witnesses namely Jitendra Shivnath Sah and Aijaz Hanif Patel, who saw actual assault. The miscreants were paraded at the Test Identification Parade before Aijaz Patel but the applicant was not put up at the parade. 3. The victim's wife claimed that her husband was taken for collection of subscription for Ambedkar Jayanti by the applicant and others. But it seems from the statement of Vilas Sudhakar Adagale that on 20th March, 2010 at about 12:00 noon to 12:30 p.m. the victim himself came to his house in a drunken condition and stated that they should proceed for collection of subscription for Ambedkar Jayanti. There is no reference to 3 BA 1185-2011 the applicant's presence in this statement. Nilesh Gaikwad also came with the same version. 4. The investigating officer relies heavily on the statement of one Tukaram Shivaji Khandale and an alleged eye witnesses, who claimed to have seen the applicant and others assaulting the victim with sickle etc. This witness stated that he was proceeding by his moter cycle No.MH-12-AY-6748 to meet his mother at Bibwewadi. He stated that the miscreants had gone away in Auto Rickshaw No.MH-12-3419. The learned Counsel for the applicant pointed out that Khandale's mother was staying with Khandale. Therefore, there is no question of Khandale's going to meet his mother. The motor cycle bearing No.MH-12- AY-6748 on which he was proceeding as per RTO record was not Hero Honda Splendor motor cycle but a Scooty. He also pointed out that the witness had initially stated that the 4 BA 1185-2011 miscreants had gone away by Auto Rickshaw whose number the witness had not noticed. The word 'nahi' was changed to 'hota' and MH-12-3419 was inserted in the statement. 5. In the context of these facts by order dated 18th August, 2011 the investigating officer was asked to check up these aspects. The investigating officer Rajkumar Ramchandra Gaikwad, Police Inspector has filed an Affidavit. It seems that because the applicant was named in the FIR, the officer did not find it necessary to have him paraded before eye witnesses, who did not know the applicant. The officer states that the number of the motor cycle of Khandale was wrongly given by Khandale and after correction the number tallies in RTO record with number of motor cycle and not with Scooty. However, there is no explanation as to how the number of the Auto Rickshaw came to be inserted in the statement of Khandale by changing the word 5 BA 1185-2011 'nahi' to 'hota'. 6. It should have been possible for the investigating officer to ensure that eye witnesses identified the applicant by parading the applicant at Test Identification Parade. There is absolutely no explanation as to how witness Adagale stated that the victim had proceeded in a drunken condition for collection of subscription for Ambedkar Jayanti and the applicant was not with the victim at that time. 7. Considering the nature of evidence collected, since the investigation is complete and charge sheet has already been filed as also the fact that since the accused Sunil Dyandeo Kamble had been bailed out by order dated 9th September, 2010, the applicant too be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the 6 BA 1185-2011 condition that the applicant shall attend Swargate Police Station, Pune on the 1st Sunday of the month between 10:00 a.m. to 1:00 p.m. till the trial is over. 8. Bail Application stands disposed of. (R.C.CHAVAN, J.)