APPA. 915-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 915 OF 2011 IN CRIMINAL APPEAL No. 910 OF 2011 Lala @ Miyasaab Imam Mulla ... Applicant Vs. The State of Maharashtra ... Respondent *** Mr. Jaydeep D. Mane, for the Applicant. Dr. F. R. Shaikh, APP for the Respondent. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : SEPTEMBER 21, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing for the State. The applicant has been convicted for the offence punishable under Section 302 read with Section 120B of the I. P. Code and is sentenced to undergo life imprisonment and pay fine. 2. The prosecution case is that accused No.1 and accused No. 2 were having illicit relations with each other. Deceased Rehman who was husband of accused No. 1, and other members of the family APPA. 915-11 - 2 - had warned accused No.1 not to have illicit relations with accused No.2. According to the prosecution, on some pretext accused No. 1 took deceased to Badola-Kurnur road and after some time accused No. 2 came on the motor-cycle which was driven by a young boy and he went in the same direction where accused No. 1 and her husband had proceeded and after some time PW 7 Mahadev Mangoli heard some shouts from deceased Raheman and thereafter his dead body was found. Then accused No. 1 came back to the village and informed the villages that her husband was lying in a drunken condition. It is submitted that the only material which is there on record, so far as accused No.2 is concerned, is that he was seen coming on the motor cycle and thereafter he had proceeded in the direction where accused No.1 and deceased had gone. 3. We have perused the impugned judgment and order of the trial Court and also the evidence of PW 7 Mahadev. Except the fact of presence of accused No. 2 at the site, there is no other material on record. The trial court has drawn inference that since the deceased was throttled, it must be said that the said act must have been committed by accused No. 2 at the behest of accused No. 1. Taking into consideration the material which is there on record, prima-facie material on record is not sufficient to establish involvement of applicant in the said offence and since the appeal is not likely to come up for hearing immediately in the near future, in our view, applicant/ original accused No. 2 deserves to be released on bail. 4. The applicant/accused No.2 be released on execution of APPA. 915-11 - 3 - P.R. bond in the sum of Rs. 10,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in three months. . Criminal application is disposed of in the aforesaid terms. [A. M. THIPSAY, J.] [ V. M. KANAD, J.]