1 Cri-A-4788-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4788 OF 2010 1. Shri Vinood Vishnukumar Pilley ) Age 30 years, Occ. ) R/at C/6, Shri Sai Chaya C.H.S.Ltd. ) Achole Road, Nalasopara (E), ) Tal: Vasai, Dist: Thane. ) 2. Vishal Kishor Todape ) Age 20 years, occu: ) R/at: 403, Bldg. No.C/1, ) Chandresh Villa, B.M.C. Colony, ) Nallasopara (E), Tal: Vasai, Dist:Thane) (At present lodged in Thane Central ) Jail). ).. Applicants Vs. The State of Maharashtra .. Respoondent Mr. Kuldeep S.Patil,Advocate, for the applicants. Mrs. G.P.Mulekar,APP,for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th January, 2011. P.C. 1. Both the applicants, who are accused for the offence of murder punishable under Section 302 of IPC in Crime No.369/2010 registered at Nallasopara Police Station, have moved this application for bail. 2 Cri-A-4788-10.sxw 2. Heard the learned Counsel for the applicants and the learned APP for the State. Perused the police papers. 3. According to prosecution, deceased Shankar Pandit was the maternal uncle of accused No.1 Vinod Pilley. The deceased was addicted to liquor. On 6.8.2010, Madhuri, wife of deceased Shankar and their son left the house and went for work. On 7.8.2010, Madhuri came back and found that her husband was lying in a pool of blood on the bed and his body was covered with a bed sheet. She immediately informed the police and also informed that accused No.1 had told her that during the previous night i.e. on 6.8.2010 at about 8.30 a.m. deceased Shankar had contacted him on mobile and had demanded some money for arranging a liquor party for his friends at his house. However, he had refused to give the money. In the room, empty cigarette packet, one empty plate, one bottle of water were lying indicating that some party was enjoyed. The FIR was lodged against unknown persons. On the next day, Madhuri informed the police that a gold chain of 1-1/2 tola with a pendent of the shape of betel leaf with letter `S' and amount of Rs.5000/-, a mobile with two credit cards were missing and were stolen away. On 9.9.2010 both the applicants were arrested. According to prosecution, on 15.9.2010, both the accused made a general statement confessing the offence and also that they had taken away a gold chain and amount of Rs.5,000/- from the 3 Cri-A-4788-10.sxw cupboard and that gold chain was sold away to Omkar Jewellers on 7.8.2010. On the basis of that, police panchas and the accused went to the said Jewellers from whom a piece of gold weighing 10.200 grams was recovered. According to the said Jewellers, accused No.2 Vishal had sold one gold chain with a pendent of shape of betel leaf (Pan) with letter `S' for amount of Rs.12,300/-. Learned Counsel for the accused points out that the statement of Jeweller does not indicate that accused No.1 had sold the said gold chain and that weight of the gold chain sold to the Jeweller differs from the weight of the gold chain, which was stolen away from the house of Shankar. Besides that recovery, there is no other circumstantial evidence. In view of the circumstances, in my opinion, it will be in the interest of justice to grant bail to the applicants. 4. Therefore, the applicants be released on their executing P.R. of Rs. 20,000/- each with a surety in the like amount on condition that they shall not tamper with prosecution evidence and shall attend Nallasopara Police Station on every Sunday between 9 a.m. to 11 a.m. till disposal of the case. (J.H.BHATIA,J.)