1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (B.A.) No.388/2011 ( Amirkhan s/o Hasankhan ..Vs.. The State of Maharashtra, through P.S.O., P.S. Frezarpura, Amravati ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. V.R. Thote, Adv. for applicant. Mr. D.B. Patel, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATED : 27.7.2011. 1. This is an application under section 439 of the Criminal Procedure Code for releasing the applicant on bail, against whom the offence bearing Crime No.293/2010, under sections 302, 102-B read with 34 of the Indian Penal Code, is registered with the police station Frezarpura, Amravati. 2. One Abdul Munaf was a tenant in the premises of Jivan Jyoti School. Hasankhan - the father of the present applicant, runs the said school. There was a dispute between Hasankhan (accused no.1) and the deceased over vacating the premises. It is the prosecution case that Hasankhan (accused no.1), one Ijajkhan (accused no.3 and son in law of accused no.1) and the present applicant (accused no.2) hatched a conspiracy to eliminate Abdul Munaf and engaged contract killers i.e. accused nos.4 and 5 by paying them Rs.50,000/-. 3. On 18/3/2010, the dead body of Abdul Munaf was found. His 2 son Abdul Samad lodged the F.I.R. It was the case of homicidal death. On or about 19/9/2010, the present applicant and the other accused persons came to be arrested. Investigation revealed the details of conspiracy hatched by the accused nos.1 to 3, including the present applicant. 4. The reply, filed by learned A.P.P., is perused. According to learned A.P.P., the circumstantial evidence like the deceased not vacating the premises and the seizure of mobile are being relied upon by the prosecution. 5. While in custody, on 22/9/2010, the applicant (accused no.2) made disclosure statement that he would point his mobile. Then he carried police and Panchas to his house and took out his mobile from show-case. This being the state of evidence, the applicant prima facie cannot be labeled as 'particeps criminis'. Hence the order. 6. The applicant is directed to to be released on bail on his executing P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount. JUDGE Tambaskar.