BA-743-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.743 OF 2011 Hemant Pandurang Dabekar ... Applicant V/s. The State of Maharashtra, Thru' Dattawadi Station, Pune ... Respondent Mr. K.S. Patil, i/b. Mr. Prashant Patil, for the Applicant. Mr. J.P. Kharge, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 25 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and glanced through the copy of the Charge-Sheet that is annexed to the Bail Application. 3. The main contention advanced by the learned Advocate for the Applicant is that the role of the Applicant, as attributed by the prosecution, is similar to two other accused, who have been already released on bail. He pointed out that one Ajay Kadu and one Sharad Mohol were released on bail by this Court (Criminal Application No.5246 of 2010, decided on 25th January, 2011 and Criminal Bail Application No.372 of 2011, decided on 7th April, 2011, respectively). Indeed, I find that the Applicant is not alleged to be the actual assailant. In any case, his role cannot be said to be different from that of the said co-accused. BA-743-11.sxw 2 Dixit 4. The learned APP for the Respondent submits that the present Applicant is the "planner" and that he had called the other accused at that place for assaulting the deceased. However, there is nothing to substantiate this bare claim. I am informed that the C.C.T.V. Footage is with the Forensic Science Laboratory and when a report in respect of the examination thereof would come, the involvement of the Applicant would be disclosed. I find that while disposing of the Criminal Application No.5246 of 2010 on 25th January, 2011 itself, the Court had observed the unavailability of the C.C.T.V. Footage with the Investigating Agency. 5. The Applicant is in custody since January, 2010. 6. Considering all the relevant aspects of the matter and as his case appears to be on par with that of the said other accused, I am inclined to release the Applicant on bail. 7. The Bail Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount, or two sureties in the sum of Rs.25,000/- each. [A.M. THIPSAY, J.]