1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.592/2011. (Manohar Ramchand Patle Vs. State of Mah. Thro. PSO PS Dawaniwada, Dist. Gondia) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.K. Bhangde, Advocate for the Applicant. Mr. P.D. Kothari, APP for the Non-Applicant/State. ----- CORAM : U.V. BAKRE, J DATE : 17 th OCTOBER, 2011 1. Heard Mr. A.K. Bhangde, learned Advocate for the Applicant and Mr. P.D. Kothari, learned A.P.P. for the Non- Applicant. 2. The applicant, who has been arrested on 06.04.2011 in Crime No.17/2011, registered at Police Station Dawaniwada, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, has filed the present application for bail. 3. On 05.04.2011, the dead body of the Ramuji Baliram Patle, was found lying on the road going from Bora to Bagholi with injuries and his Bicycle was found lying by the road side and a Scarf was found tightened around the neck of the deceased. One Thanilal Maniklal Patle, a Member of the Gram Panchayat of Village Bora has lodged the oral report against unknown persons. 2 4. It is alleged by prosecution that the present applicant along with Subhash Goma Ambule and Manohar Ramchand Patle chased the deceased on Motorcycle and committed his murder by strangulating him by means of Scarf (Gamcha). A perusal of the record reveals that the said case is sought to be made out merely on suspicion and on circumstantial evidence of supplementary statements of witnesses and a panchanama of demonstration of incident, in which, the accused persons are said to have confessed about the said murder. First of all, the said demonstration panchnama is not admissible in evidence. It is seen that in the supplementary statements though the name of Subhash Goma Ambule has been mentioned, however, the names of the other two persons are not mentioned. No identification parade was held. Charge-sheet has already been filed. 5. The learned A.P.P. has contended that as far as the present applicant is concerned blood stained clothes worn by him on the date of his arrest have been attached. However, mere blood stained clothes cannot be prima facie evidence of complicity in the crime. The co-accused who is similarly placed namely Madhukar s/o Bahurao Rahangdale, has already been released by this Court by order dated 27.09.2011. The applicant is neither previous convict nor he is likely to flee from justice. I am of the view that the applicant also deserve bail. 6. Hence, the application is allowed. 7. The applicant shall be released on bail in Crime No. 17/2011, registered at Police Station Dawaniwada, for the offence punishable under Section 302 read with Section 34 of the 3 Indian Penal Code, upon execution of personal recognition bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one solvent surety in the like amount under condition that he shall not tamper with the prosecution witnesses and pressurize them. The application stands disposed of in above terms. JUDGE NSN