1 BA 1071-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1071 OF 2011 Akshaya Arun Bhikule .Applicant V/s. The State of Maharashtra .Respondent Mr.A.P.Mundargi, Sr. Counsel with Mr.Debajyoti Talukdar,for the Applicant Mrs.A.A.Mane, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 13TH OCTOBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by one Akshaya Bhikule, who has been arrested and charge sheeted in connection with C.R.No.68 of 2011 for the offences punishable under Sections 302, 364, 201 read with Section 34 of the Indian Penal Code registered with Kothrud Police Station, Pune for the murder of Rohit Mengade. In the statement of Khotaram Umaram 2 BA 1071-2011 Sirvi dated 1st March, 2011, there is no reference to the assailant. The witness only stated that there was a quarrel going on between some boys on the date of incident i. e. 22nd February, 2011. There is a further statement of Khotaram Umaram Sirvi recorded on 2nd March, 2011. He states that one Ashwajeet Pawal whom he knew brought a stick and was hitting Rohit with the stick. He states that Sandeep Yenpure also came there with a knife and stabbed Rohit with the knife. The applicant is alleged to have come in White Alto car and the applicant & two others are alleged to have taken Rohit in White Alto car. Thus, the statement of this witness does not attribute any role in the assault on Rohit to the present applicant. The car itself was seized on 3rd March, 2011. It had been near the house of the applicant. It is stated that there were some blood stains on the back seat of the car. Though the matter was adjourned on six times, the learned APP has not been 3 BA 1071-2011 able to secure C.A.Report. The learned APP states that inspite of giving specific instructions to the investigating officer, he is not present today which is unfortunate. Considering the nature of evidence collected against the applicant, applicant's being in custody pending the trial may not be necessary. Applicant 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/- till the trial is over. 3. Criminal Application stands disposed of. (R.C.CHAVAN, J.)