1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.291/2011 ( Mohd. Shoeb S/o Sheikh Sattar ..Vs.. State of Maharashtra, through P.S.O., Malkapur (City), Distt. Buldhana ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. U.S. Karanjkar and Mr. S.V. Sirpurkar, Advs. for applicant. Mr. D.B. Patel, APP for respondent/State. CORAM : M.N. GILANI, J. DATED : 21.6.2011. This is an application for releasing the applicant on bail against whom the Crime No.40/2011 is registered at the police station Malkapur (City), Distt. Buldhana for the offences punishable under sections 302, 201, 143, 147, 149 of the Indian Penal Code. The applicant was arrested on 4/4/2011. Since then he is in custody. On 1/4/2011 in the evening one Sheikh Sadique R/o Cyclepura, Malkapur left his house saying that he is going to Library ground. He did not return till night. In the midnight of 1/4/2011 to 2/4/2011 the missing report was lodged in the polcie station. On 2/4/2011 at about 7 a.m. they learnt that some dead body is lying near railway line. It was dead body of the deceased. Sheikh Shakil – brother of the deceased, lodged F.I.R. suspecting the hands of six persons excluding the applicant. He suspected 2 the hands of those persons because of the previous incident took place one year back in which the complainant and his family members were arrested on the charge of murder. The postmortem notes reveal that there were ligature marks encircling the whole neck. There were other injuries also. Death was due to asphyxia due to strangulation and blockage of airway. One Azad Khan Yunus Khan co-accused while in custody on 6/4/2011 made disclosure statement that he will point out the spot where deceased was killed and the place where dead body was thrown. The other co-accused Sheikh Imran made disclosure statement that he will point out a gunny bag in which the dead body was carried. There is a statement of Salim Khan who claims to have seen the present applicant going on his motorcycle from Zilla Parishad school ground and also coming back, at that time, he had seen the object like gunny bag on the motorcycle. Same is the statement of one Bhagwan and one Sanjay. There is an extra-judicial confession of the co-accused by name Sheikh Rafique to Vikas and Abhimanyue. However, it is not by the present applicant. The motorcycle used in carrying the dead body was seized from one Mubssir Ikbal and other motorcycle was seized from one Sheikh Imran. From the house of the present applicant the clothes i.e. shirt and full pant were seized. There is no mention of any blood stains on the clothes. Aforesaid is the state of evidence so far collected by the prosecution. Thus involvement of the applicant/accused under the offence punishable under section 302 of the Indian Penal Code too remote. In the result Mohd. Shoeb S/o Sheikh Sattar is directed to be released on his executing P.R. bond of Rs.25,000/- (Rs. Twenty Five 3 Thousand Only) with two sureties in the like amount with condition that he shall attend the police station station Malkapur (City) for a further period of 3 (three) months once in a week preferably on Monday in between 10 a.m. to 2 p.m. JUDGE Tambaskar.