MP 1 BA1286_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1286 OF 2011 Vinay Kumar @ Raj Kalpnath Pandey ... Applicant Versus State of Maharashtra ... Respondent Ms Manjiri Parasnis, Advocate for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 13TH DECEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.16 of 2011 registered with Lohikand Police Station for the offences punishable under Sections 302, 201 r/w. Section 34 of the Indian Penal Code. 2. According to the prosecution, deceased Nandkumar was a taxi-driver of Tavera car. The present applicant and four other accused persons were traveling in the said car. Some dispute occurred between the driver Nandkumar and the accused persons. The present accused allegedly strangulated the deceased Nandkumar and thereafter his dead body was concealed. It appears that a missing report was also lodged by brother of the deceased Nandkumar. On that basis, investigation was made and the present applicant was apprehended. The present applicant disclosed the above facts before PSI Dwarka Vishwanath Dokhe and she lodged the F.I.R. and the offence came to be registered. According to prosecution, a mobile handset of the deceased with a Sim-card of one Pramod Jadhav was recovered from the accused. Statement of Pramod Jadhav shows that he had taken that particular Docomo Sim-card No.8237149929 in his name and had given it to his cousin Prashant Jadhav for his use. Statement of Prashant Jadhav shows that he had MP 2 BA1286_11 given that Sim-card to the present applicant. Thus, the Sim-card was received by Prashant Jadhav in a lawful manner. No investigation has been made to find out whether the Nokia mobile handset really belongs to the deceased. The investigation begins and ends with the statement of the accused before the police. No other material is collected though the charge-sheet is already filed. 3. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties in like amount with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)