1 Cri.A.2473.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2473 OF 2011 Shaikh Shabbir S/o Shaikh Rahim Age : 36 Years, Occup.: Business, R/o Rajuri, Now at present, Ajmeer Colony, Beed, Tq. And District Beed. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri. S.S.Thombre,Advocate for Applicant. Shri. G.R.Ingole, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 1ST JULY, 2011. PER COURT : 1. This application is filed for bail, in Crime 51 of 2009, registered with Patoda Police Station, Tq. Patoda, District Beed, for the offence Punishable under section 302 read with section 34 of the Indian Penal Code. Crime is registered on the basis of private complaint referred to Patoda Police Station, by Judicial Magistrate First Class, under section 156 (3) of the Code of Criminal Procedure. The applicant is behind bar since April, 2011. Papers of investigation are made available. Both sides are 2 Cri.A.2473.11 heard. 2. Private complaint was filed by one Pathan GausKhan Usmankha, who is real brother of deceased Pathan AhmadKhan Usmankha. Allegations are made that deceased Ahmadkhan was younger brother of complainant and had some transactions with present applicant. Present applicant owed sum of Rs.1,00,000/-(Rupees one lacs). On 02.05.2009, Munir was called by deceased and some talks of compromise took place. The complainant was there and from there they went to Navgan Rajuri. From there they went to Mahesh Hotel/Dhaba. At 10.45 a. m., when brother of deceased reached there they noticed that quarrel was going on between deceased Ahmed, his brother on one side and applicant and his friends on other side. There applicant said to the deceased that the dispute can be settled only if deceased was ready to discuss and negotiate separately and not with other brothers. Then four accused took the deceased towards Nagar road. on 5.00 p.m. on the same day, the complainant and his brother saw all four accused near lake and they informed that Ahmed had gone to Nirgudi, to his sister. The deceased was not seen alive after this incident. Enquiry was made on 04.05.2011 by the complainant with the accused, but they could not give satisfactory answers. On 05.05.2009 when search was made they noticed clothes and chappel of 3 Cri.A.2473.11 the deceased near the lake of the village. Dead body was recovered on 05.02.2009 and it was in decomposed condition. 3. APP submitted that there is evidence of last seen of deceased Ahmed and report shows that there were injuries having Sharp edges and private part of the deceased was missing. However, opinion of Doctor shows that he was not in position to give exact cause of death due to advanced state of decomposition of body. C.A. report shows that no poison was found. P.M. report shows that finger tips were nibbled by aquatic animals, toes were also nibbled by aquatic animals. 4. Advocate for the applicant heavily relied on the document like application given by Gauskhan, complainant to Police on 05.05.2009. In this application he had only informed that his brother was missing and his clothes and chappels were lying near lake. In the report given to Police he had not made allegations against present applicant. In view of the circumstances, subject to some conditions bail can be granted to the applicant. So, the application is allowed. (i) The applicant, in Crime 51 of 2009, registered with Patoda Police Station, Tq. Patoda, District Beed for the offence Punishable under section 302 read with section 34 of the Indian Penal Code, be 4 Cri.A.2473.11 released on bail on his furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) on conditions that- (a) The applicant shall co-operate during the investigation to Investigating Agency and to attend concerned Police Station on every Saturday and Sunday for a period of one month, from today in between 09.00 a.m. and 12.00 noon (b) The applicant shall not tamper with the prosecution witnesses . (c) Applicant shall not enter the village Navgan Rajuri District Beed till disposal of the case, which is filed against him. Sd/- [ T.V.NALAWADE, J.] MTK