IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4433 OF 2008 CRIMINAL APPLICATION NO. 4433 OF 2008 CRIMINAL APPLICATION NO. 4433 OF 2008 Mr.Mohammed Sayeed Rafaquat ...Applicant vs. The State of Maharashtra ...Respondent Mr.R.P. Singh for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 28, 2009 DATED : JANUARY 28, 2009 DATED : JANUARY 28, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Section 302 of the IPC registered vide C.R.No.14/2006 at Manpada Police Station. 3. The applicant was arrested in connection with another offence and it is the case of the prosecution that during the investigation of the said case, the applicant disclosed that he had murdered the deceased. The statement was, therefore, recorded under Section 27 - 2 - of the Evidence Act and he had shown the place where he had thrown the dead body. 4. It is an admitted position that a complaint already had been registered by the police after the dead body of the deceased was found and later on, his statement under Section 27 has been recorded. The police, therefore, already knew the place where the dead body was thrown. That being the only material on record, the applicant deserves to be released on bail. 5. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount for the aforesaid offence. He shall report to Manpada Police Station, twice in a month. The applicant shall give a local surety and he shall not tamper with the evidence or threaten the witnesses. If any complaint is received, his bail shall be cancelled. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)