Ashok Madhavrao Chavan v. The State of Maharashtra

Mr.Raja Thakare with Mr.Shreeram Shirsat for applicant Mr.A.S. Gadkari APP for the State. CORAM : D.G. KARNIK, J. DATED : 11th January 2010 P.C.

Heard.

By this application, application seeks bail in connection with a crime registered under C.R.No.48 of 2009 in pursuance of which Sessions Case No.52 of 2009 has been filed in the Sessions Court of Malshiras.

No doubt the applicant has been charged with an offence u/s.302 of the Code of Criminal Procedure but admittedly, there is no eye witness to the crime. The applicant was not named in the initial FIR. In fact, four persons were initially in the FIR and after investigation an 2 application for discharge was filed u/s.169 of the Code of Criminal Procedure and they have been discharged. One Mr.Amjad Khan (Accused No.1) was subsequently arrested and during the course of investigation of Amjad Khan, he stated that applicant was his accomplice. Learned APP was unable to point out any other circumstantial evidence against the applicant except the statements of the co-accused. The only material against the applicant is the uncorroborated statement made by one or more of the co-accused. Neither is there any direct evidence nor any other circumstantial evidence against the applicant. In the circumstances, in my view, the applicant can be granted conditional bail.

The applicant is accordingly granted bail on furnishing personal bond of Rs.25,000/- with two sureties in the like amount subject to the condition that applicant shall not tamper with the prosecution case, shall not leave the present town of residence except for casual visits and that too with prior intimation to the Malshiras police station of the date, place and purpose of the visit. He shall also record his attendance in the Malshiras police station once a fortnight i.e. On 1st or 2nd and 15th or 16th of every British Calendar month.

(D.G. KARNIK,J.)