1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.11/2011 (Dr. Vilas Uttamrao Ingole and another .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.L. Khapre, Advocate for applicants, Mr. A.S. Sonare, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 03, 2011 Heard. At the hearing of this application, the learned counsel for the applicants has sought leave for withdrawing the application for bail made for applicant no.2, who is released on temporary bail up-till 10.2.2011 and renew the prayer for bail for him by presenting appropriate application after he surrenders before the court. The said request being not objected by the prosecution on any count, the leave and liberty, as prayed, deserves to be granted. The submission of the learned counsel for applicant no.1 that entire allegation against him rests upon the circumstantial evidence and the sole circumstance of deceased lastly seen alive in the 2 company of the applicant on the day of an incident nearby the field in which ultimately the corpse of deceased was found, is not refuted by learned APP. There is also substance in the submission canvassed that even the evidence/material pertaining to the said circumstance has surfaced at belated stage during the course of investigation. Having regard to the same, considering such character of the prosecution material against applicant no.1, he is entitled for bail by imposing conditions for ensuring his presence at trial and taking care that liberty given is not misused. Hence the order : The applicant no.1 is directed to be released on bail in connection with Crime No.5/2010 of Police Station, Jaulka, District-Washim for offence under Section 302 of IPC, 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 no.1 - (i) shall attend the investigating officer in connection with the investigation in between 11.00 am to 2.00 pm on every day for a period of one week, thereafter, on every Monday until filing of chargesheet and, thereafter, on every first Monday; (ii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; 3 (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. The application made by applicant no.2 is marked as disposed of as withdrawn with liberty to applicant no.2 to make appropriate application after compliance of conditions imposed while granting him temporary bail vide order dated 27th January, 2011 passed in Criminal Application (BA) No.61/2011. JUDGE Gulande