1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (B.A.) NO. 376 OF 2011. Machhindra Dayaram Raut. .Vrs. State of Maharashtra thr, Police Station Lakhandur. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ( Mr. C. F. Bhagwani, Advocate for applicants. Mr. D. B. Patel, A.P.P. for the State) CORAM : M. N. GILANI, J. DATED : 03.08.2011. This is an application under Section 439 of the Criminal Procedure Code for releasing the applicant on bail, against whom the Sessions Case No.74 of 2010 is pending before the Additional Sessions Judge, Bhandara, for the offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code. 2. One Sudhakar Kharkate and Dhudhram Kharkate (Deceased) are cousins. However, there was acrimony between them. Sudhakar Kharkate had threatened the deceased with dire 2 consequences as he was suspecting the hands of the deceased that he was playing witchcraft (Black Magic). The applicant is related to Sudhakar Kharkate. On 26/07/2010, the applicant had been to the house of Sudhakar Kharkate. The deceased was missing from his house since 27/07/2010. Therefore, his son lodged report. In the report it was categorically stated that, on 26/07/2010 he had seen applicant carrying the deceased on bicycle. The deceased was a pillion rider. 3. On 04/08/2010, the applicant while in custody made disclosure statement before the Police and panchas that he would point out the place where the dead body of deceased was buried. Accordingly, the Police went to the place and the dead body was exhumed. The son of the deceased identified the dead body. The other circumstantial evidence is recovery of clothes, which were on the person of applicant and recovery of the weapons. Thus circumstances appearing against the applicant are; (a) The deceased was last seen in the company of the applicant. 3 (b) At the instance of the applicant the dead body was discovered. (c) The weapon of offence and the clothes were seized at the instance of applicant. Considering the evidence appearing against the applicant, the learned Additional Sessions Judge was justified in rejecting the bail application. 4. It is contended that other co-accused namely Sudhakar Kharkate and Rupchand Gharde have been released on bail. The circumstances appearing against them were only the recovery of crow-bar and the spade which are the instruments found in the house of every agriculturist. This was the reason for the Additional Sessions Judge to release them on bail. The case of the present applicant stand on different footing. 5. For the foregoing reasons, I find, no merit in this application. 6. Application is rejected. JUDGE Deshmukh.