1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4457 OF 2010 Noorkhan Taherkhan Pathan Age : 28 years, Occ : Labour, R/o Noor Colony, Avhana Road, Sillod, Tq. Sillod, Dist. Aurangabad. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. R.P. Deshpande, advocate for applicant. Mr. B.J. Sonawane, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 18 th November, 2010. PER COURT : 1. This is an application for bail. 2. Heard learned Advocate for the applicant and the learned A.P.P. 3. The incident pertaining to the death of Subhash Darunte occurred somewhere in the night of 19th June and 20th June, 2010. His dead body was found lying in the agricultural land situated near Sillod Octroi Naka. There were multiple injuries found on his person. The F.I.R. was lodged by his father in the same morning alleging that deceased Subhash was done to death by 2 some unknown persons. The applicant was arrested during the course of investigation on 15th July, 2010. The screw driver was recovered from his instance as weapon used in the said incident. It is alleged that the screw driver was full of stains of blood. 3. Having heard the learned Advocate and the learned A.P.P. and on perusal of the investigation papers, it prima facie appears that the case against the applicant is founded on circumstantial evidence. The prosecution has relied upon the circumstance of recovery of alleged weapon i.e. screw driver. The prosecution also seeks to rely on police statement of one Sandip Ingle. He narrated before the police that in that night at about 11 p.m., the applicant along with another co-accused had been found in drunken condition. He also noticed that the clothes of the applicant and co-accused were stained with blood. There was quarrel between them. He noticed that co-accused was having mobile phone but the applicant was not allowing to use that phone by saying that it was concerning "affairs". The applicant and the co- accused had also declared that they had `dropped' (eliminated) one person in that evening. 4. It prima facie appears that earlier there was an incident of assault on P.W. Sandip Ingle about which he had lodged 3 a report with the police on 20th June, 2010. The extra judicial confession referred by P.W. Sandip Ingle does not, infact, show that the applicant confessed to have an eliminated deceased Subhash Darunte. Secondly, the C.A. report about examination of blood stain found on screw driver recovered from the applicant is yet awaited. There is no prima facie evidence to show that any independent witness had seen the applicant and co-accused taking away the deceased on their motor cycle from Bhokardhan Octroi Post (Naka) towards Sillod. Considering these aspects, it would be appropriate to grant liberty to the applicant on certain conditions. 5. In the result, the application is allowed. The applicant is directed to be released on bail, on furnishing of Bail Bonds in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) along with one solvent surety to the satisfaction of the Court of Sessions, in the like sum, and on further condition that the applicant shall not enter the limits of Sillod and Bhokardhan Talukas during period of trial and shall not contact any of the prosecution witness about which an undertaking shall be furnished by him before the Court of Sessions simultaneously while furnishing bonds. (V.R.KINGAONKAR) JUDGE gas/cri4457.10