IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1202/2008 Umesh Babarapko Kshar vs. 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. CORAM : S.R.DONGAONKAR, J DATED : 6 th May, 2008. Heard Shri S.R.Deshpande, Advocate, for the applicant and Shri D.B.Patel, A.P.P. for respondent. The applicant is facing trial for the offence under Sections 147, 148, 149 and 302 of the IPC, arising out of Crime NO. 257/07 along with other accused. The other accused, except Pradeep Kshar are in jail. Learned counsel for the applicant has contended that there is no specific evidence as regards assault by the present applicant on the deceased. The statements which are referred by the learned A.P.P. to show the implication of the applicant in the aforesaid crime is only regarding his present. Those statements also appeared to be recorded after considerable lapse of time. One more more point borne in mind is the Japti Patrak of the clothes of the present applicant. It is dated 18.8.2007, which clearly mentions that there is no blood stain found on the clothes. Learned counsel for the applicant has rightly contended that had there been involvement of the applicant in the aforesaid crime at the time of incident, some blood stains would have found on his clothes. Learned A.P.P. has contended that the applicant had shown the spot of incident, however, it is not of much significance, inasmuch as the spot of incident is a Hotel, which is generally know to everybody. In these circumstances, without expressing any opinion on the merits of the case of the applicant, the applicant would be entitled for bail. However, subject to conditions. Applicant be released on bail on furnishing Surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall not commit any offence in future. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter of merits. Application stands disposed of. Hamdast granted. JUDGE Rvj