IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 756/08 Nafizkhan @ Lalakhan Haji Mohammad Ali Khan vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 27 th MARCH, 2008. Heard Shri S.V.Sirpurkar, Advocate, for the applicant and Shri Fulzele, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested for the offence under Section 302, 201 r/w Section 34 of I.P.C. in Crime No. 13/2007 of Police Station Lathi, Distt. Chandrapur. The allegations against the applicant are that the daughter of the applicant had married with the deceased. The applicant had not approved their relation, therefore, he kept the deceased in confinement and later on sent him with one Nilkanth Kudge for Maharashtra Darshan. They returned on 29.12.2007 and on 31.12.2007 he was found dead. It does appear that there is no case of the prosecution that the applicant was seen in the company of the deceased on 30th December, 2007. The allegations against the applicant are that he was cause, for causing the death of the deceased through other accused. In such case, the only motive part appears to be alleged against the applicant. As there appears no sufficient evidence found against the applicant to show that he was in fact seen in the company of the deceased just prior to the death of the deceased, it would be difficult to reject his bail application as contended by the prosecution. However, as the investigation is in progress, the bail will be subject to conditions. Applicant be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall report at Police Station Lathi, Distt. Chandrapur, as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Bail in trial Court. Hamdast granted. It is made clear that the above observations are in prima facie view of the matter and shall not influence the trial Judge in any way while deciding the matter on merit. JUDGE Rvj.