1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.705/2011 ( Anil s/o Govinda Jadhav ..Vs.. State of Maharashtra, through P.S.O., Malkapur, Distt. Buldana ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.J. Thakkar, Adv. for applicant. Mr. A.M. Joshi, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 23.12.2011. 1. Heard both sides. 2. On 30/7/2011 one Roopsing, aged about 28 years, the brother of the complainant Manojsingh, had gone to consume liquor. He was assaulted in Dnyaneshwar Nagar, Malkapur Buldana. Roopsing succumbed to injuries. Earlier he had quarrel with Kashinath Jadhav, Madhav Jadhav and Sunil Jadhav which was seen by the complainant. In the reply, submitted by learned A.P.P., it is mentioned that : “it is submitted that although there is no direct witness to the commission of offence of murder of Roopsing, but accused Mahadeo was seen with deceased at 8 p.m. in the night and he has specifically revealed the name of the present applicant who caught hold the deceased 2 Roopsing and he Mahadeo gave successive blows to the deceased.” 3. It is thus obvious that the prosecution is relying upon the statement of the co-accused which he had made to the police. Except this there is no other evidence against the accused. Thus there being no prima facie involvement of the accused in the offence of murder of Roopsing, the application will have to be allowed. 4. Application is allowed. 5. The applicant/accused be released on bail on his furnishing P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one solvent surety in the like amount. 6. Hamdast allowed. JUDGE Tambaskar.