1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1764 OF 2010 Pramod Jaisingh Deshmukh )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. H. S. Deshpande for the applicant. Mrs. M. H. Mhatre APP for the State. ---- Coram : R.S.MOHITE,J Date : 28 th April, 2010 PC 1 This is an application for grant of regular bail. The applicant is shown as an accused in C.R.No.I-220/2009 registered by the Rabale police station for alleged offences under Sections 307 of IPC read with sections 3, 25 & 27 of Arms Act. The complainant is Trimbak Khairnar @ Chhotu Mali who is injured in this case. As per the FIR the incident in question took place on 21.6.2009. On reading the FIR it is seen that complainant has stated that he and the present applicant are friends. There is a reference that on 21.6.2009 the applicant called the complainant and on the motor cycle of the applicant they went to the house of one Vaibhav and met Vaibhav there. It is the version of the complainant that thereafter he along with the applicant immediately went to a bar in order to drink liquor. At about 8.00 P.M at night they started from the bar at the motor cycle of the applicant and near Rabale railway station the applicant stopped his motor cycle and went to pass urine on the side of the road. The complainant remained standing at the motor cycle and at that time present applicant is alleged to have fired 3 shots from the pistol. According to the complainant one bullet hit him on stomach. This fact is corroborated by the medical evidence. However, 2 learned Advocate for the applicant stated that this motive-less version is falsified by other statements recorded by the police. My attention is drawn to the statement of one Yogesh who has given a different version as to what happened in that evening. According to him revolver was carried by the complainant himself. He has stated that he and his brother were also gone to the bar along with the applicant and complainant. He has stated that while leaving the bar the revolver was with the complainant. All these aspects are missing from the complaint. There is substantial doubt whether the incident occurred in the manner which is narrated in the FIR particularly in view of the version given by Yogesh as aforesaid. It is pointed out that there are two cases pending against the present applicant one involving section 302 of IPC and another involving section 326 of IPC. Taking into account the aforesaid facts, I am inclined to grant bail subject to stringent conditions. It is therefore directed that pending his trial in connection with C.R.No.I-220/2009 registered by the Rabale police station, the applicant may be released on bail in the sum of Rs. 25,000/- with one surety in the like amount subject to the condition that he resides out of Thane district. Prior to his release, he will communicate the address where he intends to reside to the Investigating officer in writing. On his release, he will report to the police station officer within whose jurisdiction he resides. He will be permitted to enter Thane district only on the dates of his trial and for the purpose of his trial and will leave Thane district immediately after the day’s proceeding is over. He will report to the Station House Officer of the police station where he resides once a fortnight on every 1st and 3rd Mondays of each month till the disposal of his trial. Bail is granted subject to the further condition that he will not tamper with the witnesses and remain present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4