{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2467 OF 2010 Raju Ramdhan Rathod APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. R.V.Gore, Advocate for the applicant Mr. K.S.Patil, APP for respondent State Mr.Sandeep Deshmukh h/f Mr.Sachin Deshmukh, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd July 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.24/2010 registered with Tembhurni police station, Dist-Jalna for an offence punishable u/s 302, 201 r/w 34 of the Indian Penal Code, as the applicant is in jail since 20.05.2010. 2. Heard learned counsel for the applicant followed by learned APP and learned counsel for original complainant. {2} 3. The offence is registered on the basis of complaint filed one Gajanan Deshmukh son of the deceased, on 23.05.2010. Perusal of the complaint discloses that the father of the complainant was working as a recovery officer with one sugar factory at Niphad. The complaint further indicates that the father of the complainant had left the house on 10th May 2010 to recover dues from one Shivdas Chavan. It also appears that till 15th May 2010 as there was no communication from his father, the complainant lodged a missing case No.24/2010 on 15th. It also appears that during the inquiry of the missing case, it revealed that the deceased had communicated on his cell on 10th May 2010 with one Shivdas Chavan. It further appears that on 21st May 2010 said Shivdas Chavan was interrogated and he has disclosed that he had killed / murdered said Dashrath, father of the complainant and had buried the body in a field. Said accused has also disclosed that on the next day, he took out the dead body from the said field with the help of the present applicant and destroyed the same by burning it in another field. On the basis of the disclosure statement, the present applicant came to be arrested on 26th May 2010 and since then he is in jail. 4. The only submission is that even if the facts disclosed in the complaint are accepted as it is, yet the same does not constitute an offence punishable us 302 of the Indian Penal Code against the applicant. It is urged that at the most offence {3} punishable u/s 201 of the Indian Penal Code would be attracted against the applicant. Certainly, the offence u/s 201, is not punishable with life imprisonment or capital punishment. In the premise and considering the fact that the applicant is behind the bars from last two months, he is entitled to be enlarged on bail. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount, if not required in any other offence. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2467-10 {4} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2889 OF 2010 IN CRIMINAL APPLICATION NO. 2467 OF 2010 Gajanan s/o Dashrat DEshmukh APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.Sandeep Deshmukh h/f Mr.Sachin Deshmukh, for applicant Mr.K.S.Patil, APP for respondent State Mr.R.V.Gore, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd July 2010 PER COURT: 1. Heard learned counsel for the applicant. Issue notice to the respondents. Learned APP accepts notice for respondent No. 1 and Mr.Gore accepts notice for respondent No.2 2. By the present application, u/s 301 (2) of the Criminal Procedure Code, the applicant / original complainant seeks leave to allow him to assist learned APP in opposing criminal application No.2467/2010 for which there is no objection from the {5} respondents. In the premise, the application is allowed in terms of prayer clause “A” and “B” and stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2467-10