{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1863 OF 2010 Mohan @ Sanghpal Bhaskar Patekar Age-22 years, Occ-Education R/o Naiknagar, Georai, Tq-Georai, Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.M.Gaikwad, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th June 2010 PER COURT: 1. By preferring this criminal application, the applicant has prayed to release him on bail in connection with CR No. 167/2009 registered with Georai Police Station, Dist-Beed for an offence punishable u/s 302 r/w 34 of the Indian Penal Code, as the applicant is arrested on 26th February 2019 and since then he is in jail. It is informed that in this case, after completion of the investigation, charge sheet has been filed before the JMFC, Georai. {2} 2. It appears that on 9th June 2010, when the matter was on board for hearing, inspite of communication from learned APP, papers of investigation were not made available to him by the concerned IO and hence, a show notice was issued to the Police Inspector, to show cause as to why the papers were not made available to learned APP within stipulated time. In response to the said notice, today, the Investigating Officer is present personally in the Court and he has tendered an affidavit showing the cause for not providing the papers within time. The explanation offered by the IO so also the unconditional apology is accepted with a warning not to repeat the same mistake in future. The notice to show cause is accordingly discharged. 3. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 4. It appears that the said offence is registered on the complaint of one Shaikh Firoz Shaikh Ibrahim. It is alleged that the said incident occurred in the night of 8th August 2009 at about 11.00 p.m. to 11.30 p.m. In the said incident, Vinod, the victim, while trying to intervene on seeing three unknown persons molesting a lady, was attacked by the three unknown persons and on hearing his shouts the complainant, who is friend of the victim, went there and on seeing him the assailants fled away. It appears that thereafter the complainant brought the victim Vinod at his house and thereafter he was provided medical treatment. However, {3} Vinod expired in the early hours of 09.08.2009. Hence, on the complaint of said Shaikh Firoz, this offence came to be registered against three unknown persons. Papers of investigation disclose that the applicant came to be arrested, in connection with this offence, on 26th February 2010. The only incriminating evidence against the applicant is the statement of accomplice. Legally speaking, statement of accomplice is not a piece of evidence to link the co-accused in the commission of offence. Other than the statement of accomplice, there is no other independent evidence against the present applicant. In the premise, case is made out to enlarge the applicant on bail, however, by imposing certain conditions. 5. Consequently, the application is allowed. The applicant be released on bail, on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. The applicant is directed not to leave the local jurisdiction of Georai police station during the pendency of trial, except, to attend the court of Sessions. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1863-10