* 1 * B.A. 1867-2011 21.12.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1867 OF 2011 Fulchand Dayashankar Mourya ....Applicant/Accused V/s. State of Maharashtra (at the instance of Malad Police Station, through Ld. Public Prosecutor High Court, Mumbai) .....Respondent * * * * * Ms. Mallika A. Ingale, Advocate for the applicant. Mrs. U.V. Kezriwal, APP for State. CORAM :- Smt. R.P. SondurBaldota, J. 21st December, 2011. P.C. : 1. The applicant herein is an accused in C.R. No. 478 of 2010 dated 7th November, 2010 registered with Malad Police Station for the offences punishable under Sections 396, 201 Indian Penal Code. The allegations against the applicant relate only to Section 201 Indian Penal Code i.e. causing disappearance of the evidence of an offence committed. It is alleged that the main accused, one Jayesh and others assaulted deceased, Devang and one Pressly mercilessly. Devang succumbed to the injuries while witness Pressly could get away. Later, Jayesh called the applicant herein who owns an autorickshaw and plies it for his livelihood, to his * 2 * B.A. 1867-2011 21.12.2011 place for the purpose of disposing off the body of Devang. The body was carried in the autorickshaw of the applicant by Devang and another person. When they came across a garbage bin, at the instance of Jayesh the applicant had stopped the autorickshaw. Jayesh and his companion threw the dead body of Devang into the garbage bin. The incident of assault and throwing of the body into the garbage bin had taken place on 7th November, 2010. During the course of investigation, when the police discovered the role of the applicant in the offence, they arrested him on 29th March, 2011. Since then, he has been in custody. 2. There are no allegations against the applicant that he had any role to play in the assault on Devang and witness, Pressly and death of Devang. The learned APP, however, expresses concern about the availability of the applicant for the purpose of trial. She submits that the applicant has criminal antecedents. He is an accused in one of the complaints alongwith Jayesh. Ms. Ingale, the learned counsel for the applicant does not dispute that there is a criminal case pending against the applicant where he is the co-accused alongwith Jayesh. She, however, submits that thereafter the applicant has parted with the company of Jayesh realising that his company is not good. As per the record, after the incident Jayesh had given atleast four calls to the applicant from 4.51 * 3 * B.A. 1867-2011 21.12.2011 a.m. to 5.49 p.m. demanding that he brings the autorickshaw to his office for disposal of the body. 3. Looking to the record, the role of the applicant in the offence alleged is limited to the offence under Section 201 Indian Penal code. The body of the deceased is already found. In that circumstance, no fruitful purpose will be served by continuing the applicant in custody. Hence, the order. O R D E R (i) The Bail Application is allowed. The applicant be released on bail in the sum of Rs.20,000/- (Rs. Twenty Thousand only) with one solvent surety in the like amount. (ii) The applicant shall attend Malad Police Station once in 15 days, i.e. on the first and third Saturday of the month between 8.00 a.m. to 10.00 a.m. (iii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv) The applicant shall not leave the jurisdiction of the trial Court without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J] * 4 * B.A. 1867-2011 21.12.2011