1appln-2265-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2265 of 2010 Shivkumar @ Kallu @ Shivam Lalmani Singh vs. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mrs Anjali Patil, for the Applicant. Mrs A.S.Pai, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 1ST JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant for his release on bail in the matter of offences punishable under Sections 408, 302, 201, 404, 120-B, 396, 411 read with Section 34 of I.P.C.in C.R.No.493/2009 registered with M.I.D.C.Police Station. 2. Apparently, the first informant initially lodged a missing complaint concerning his driver Krashnakant Rai, as the driver was not traceable along with Tavera vehicle of the complainant. Subsequently, it was found out that the driver was murdered by some miscreants and Tavera vehicle was sold in Uttar Pradesh. The vehicle was traced and brought to Mumbai. During the 2appln-2265-10 investigation names of accused persons were revealed including the present applicant. Only material available against the present applicant is that on some mobile phone he had conversation with the main accused during the relevant period of the offence. Reportedly, in the test identification parade the present applicant was not identified by any of the witnesses. Nothing was recovered at the instance of the present applicant. According to the prosecution, he had made a statement under Section 27 of the Evidence Act showing the place of the offence where the driver of Tavera vehicle was murdered and his dead body was thrown away. In fact, such place was earlier revealed to the police by way of statement of the main accused. In fact from the same place much earlier the dead body of the driver was found during the investigation. Apparently, in the present case, according to the prosecution, there are total seven witnesses, out of whom three are absconding and present applicant is one of them. 3. Reportedly, present applicant is in custody for more than six months. Charge sheet is already filed against the arrested accused including present applicant, though investigation is probably continuing so far as the absconding accused are concerned. Apart from the above factual position, there is nothing more against the present applicant. Reportedly, the present applicant has permanent abode at Kajupada, Borivali (East) Mumbai. In the event on certain conditions present application can be allowed. In the result, the following order:- ORDER: (a) Bail application is allowed. 3appln-2265-10 (b) The applicant arrested in C.R. No. 493/2009 registered with M.I.D.C. Police Station, shall be released on bail on executing a P.R.bond in the sum of Rs. 15,000/-with one surety in the like amount . © On availing the bail the applicant shall attend concerned police station twice a week on every Monday and Friday between 10-00 a.m. to 12.00 noon till the conclusion of trial. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (e) Application is disposed of. (A.R.JOSHI,J)