1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.18 OF 2011 Mahendra Jayaprakash Singh ...Applicant. v. The State of Maharashtra ...Respondents. Mr. K.S.Patil ,adv. For the Applicant. Ms A.T.Javeri, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 10, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.83 of 2009 registered at Nalasopara police station under Sections 302, 201 r/w section 34 of the I.P.C. 2 Prosecution case in brief, is that on 15.3.2009 a deadbody in guttar was found and it was revealed that the person was murdered. Therefore, F.I.R. was lodged by PSI Ashok Surwade against unknown person. Later on, it was revealed that it was deadbody of one Rajesh Kantilal Barot. There was no eye witness. Present applicant came to be arrested on 28.11.2010. According to the prosecution, after his arrest, he informed that he and his friend Nishant @ Monu had killed said Rajesh Barot and thrown his body. He also allegedly stated that he would 2 produce motorcycle used for the commission of offence. His own motorcycle was seized. According to the prosecution, he also agreed to produce clothes and stones used at the time of commission of offence. However, nothing was found at the spot. Confessional statement of the accused before the police is not admissible in evidence except to the extent it leads to the discovery of incriminating material. Seizure of his own motorcycle about twenty months after the incident does not provide any evidence to the prosecution. Prosecution could not find any evidence to show that accused had enmity or motive to commit the murder of the said Rajesh. 3 Therefore, applicant be released on his executing PR of Rs. 15,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H. BHATIA,J.)