1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.91/2011 (Ijaj Khan s/o Faiyyaz Khan .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. R.M. Daga, Advocate for applicant, Mr. A.S. Sonare, APP for respondent/State. .......... CORAM : P.D. KODE, J. DATED : MARCH 10, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted along with other four accused by Frezarpura Police Station, District – Amravati in connection with Crime No.293/2010 for offence under Sections 302, 120-B r/w 34 of the Indian Penal Code though is vehemently objected by the learned APP on the ground of the investigating agency having collected the material regarding involvement of the applicant in an offence of conspiracy to commit murder of deceased Abdul Munaf, who was the tenant of accused no.1 Hasankha, the same deserves to be acceded, as the perusal of the material in the chargesheet reveals that there is no direct witness for the crime which had taken place and for which the offence was registered after finding the corpse in an auto-rickshaw lying at Chhatri 2 Talao Road and the prima facie perusal of the other material not transcending beyond the applicant can be said to be having probable motive for commission of the said crime due to the quarrels ensued in between the deceased and his father-in-law regarding vacating the premises in his possession. Needless to add that the prosecution has collected certain other material but the value of the said material cannot be assessed at the present stage, as the C.A. Report and the other reports of the expert regarding the same are yet not received. In view of the same, at present stage, prayer for bail made by the applicant deserves to be acceded. However, the liberty will be required to be given to the prosecution for taking necessary steps in accordance with law for cancellation of the same in event of tangible material showing involvement of the applicant being gathered during further investigation which is also said to be in progress. 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/- with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) shall attend the Frezarpura Police Station, District-Amravati 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 3 prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while on bail. Liberty to the prosecution to move for cancellation in accordance with law in the contingency as observed in the body part of the order. The application stands disposed of. JUDGE Gulande