( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4441 OF 2010 1. Arjun Raosaheb Shinde 2. Nanasaheb Murlidhar Bhutkar Both r/o Kharwandi, Taluka Newasa, Dist. Ahmednagar. APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Mr. S.S. Jadhavar, advocate for the applicants. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 19th November, 2010] PER COURT : 1. The application is for bail. 2. A dead-body was found lying in an agricultural land situated within the limits of village Karjule-Hariya. There were multiple injuries on the dead-body. The dead-body was half burnt. A mobile and some other articles were recovered by ( 2 ) the police. It was found that the death could be result of asphyxia on account of throttling. The dead-body was subsequently identified by Alka Shantaram Daundkar as that of her paramour, by name Ashok Jadhav. The deceased Ashok Jadhav had two (2) wives and also had kept Alka Daundkar as a mistress. The police statement of Alka Daundkar reveals that on 27th June, 2010, deceased Ashok Jadhav had left the house in company of Vijay Phatke (main accused) and both the applicants. They had gone in an Indica car vehicle. She narrated to the police that in the relevant evening, Vijay Phatke had contacted her on mobile phone and had asked whether she wanted to talk to Ashok Jadhav who was referred as "Mama". She declined to talk to him. She contacted said Vijay Phatke in the morning of next day and inquired about Ashok Jadhav. He told her that Ashok Jadhav might be at his residence at village Kharwandi. 3. Upon hearing learned advocate for the applicants and learned APP and on perusal of the investigation papers, it prima facie appears that the applicants are arrested on basis of circumstantial evidence, namely, that they were in the company of main accused Vijay Phatke and the deceased in the relevant evening. Nothing was recovered at the instance of ( 3 ) the applicants. The post-mortem notes would show that the deceased was strangulated and as such, died. It was found that the deceased also bore 95% burn injuries. So, it prima facie appears that the deceased was strangulated and was done to death and thereafter, the body was set on fire at the remote place. No doubt, the act could not be ordinarily committed by a single person. Still, however, mere presence of the applicants with the deceased in the earlier evening by itself may not be sufficient evidence about their complicity unless the circumstance shows that it was in the proximity of the time of the death. The time of death is not clear from the report of post-mortem. Considering the investigation papers and relevant record, the applicants are entitled to claim liberty during the pendency of the Sessions trial. 4. In the result, the application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 25,000/- (rupees twenty five thousand), each with one solvent surety in the like sum, to the satisfaction of the Court of Sessions, and on further condition that they shall not enter the limits of Newasa Taluka during the period of pendency of the Sessions trial and shall make no attempt to contact any of the prosecution witnesses and shall not tamper with the prosecution evidence. ( 4 ) 5. The observations made in this order shall not be considered by the Sessions Court while deciding the Sessions Case on merits, since they are only of prima facie nature. [V.R. KINGAONKAR] JUDGE NPJ/criapln4441-10