1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.931 OF 2010 Mr. Prakash Rama Kokare. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.K.S.Patil for the Applicant. Smt.V.R.Bhosale, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 27th April, 2010 PC : 1 This is an application for grant of regular bail. The applicant is shown as an accused in CR No.49/2009 registered by Roha Police Station, District Raigad for the alleged offences punishable under Section 302, 201 read with 34 of the IPC. The deceased is one Suresh Kokare who was husband of the witness by name Suman. On 29.3.2009 he went away from the house to go to the market but he did not return. His wife filed missing complaint on 1.4.2009. On 10.4.2009, a dead body was found 2 within the jurisdiction of Mandava Sagari Police Station. On 14.2.2009 Mandava Sagari Police Station recorded the statement of Suman and she identified that dead body as the dead body of her husband. This identification was made by her on the basis of black banian and purple chocolate pant which was worn by the deceased when he left the house. She also identified the money purse and the wrist watch of the deceased. In her statement dated 14.4.2009 Suman had stated that after her husband went missing, she learnt from one lady Jani Mohan Pujari that her husband was being chased by the present applicant, one Suresh and one other person. All these persons were chasing and were shouting to kill the deceased. I am however, informed that statement of said Jani Mohan Pujari was not recorded. The present applicant was arrested by Mandava Sagari Police Station. On 17.4.2009, statement of the accused was recorded and the same is on record. In the statement recorded by the police a different story is made out. It appears 3 that Mandava Sagari Police Station handed over the present applicant to Roha Police Station on 18.4.2009 and then Roha Police Station recorded the statement of the accused who led the police to a second dead body. Thereafter, police recorded the statement of the complainant who identified the second dead body as that of her husband. This time the complainant identified the dead body on the basis of only the clothes. According to the prosecution, diary of the applicant was found near the place of offence. He and the co accused allegedly buried the dead body. One stone was found there and it is the prosecution case that co accused Suresh hit this stone on the head of the deceased. The said stone said to have been recovered from the co accused Suresh who has been granted bail by this court. The police contended that they have recovered the blood stained clothes from the house of the present applicant on 19.4.2009. The Chemical Analyser s report however, does not specify the grouping on any of the 4 articles. It is seen from the postmortem notes that there is a single injury on the head of the deceased. The cause of death is fracture. There are no blood stains on the clothes of the assailants. At this stage, it can be said that there are many unexplained features. The case is based upon the circumstantial evidence . The wife of the deceased has identified two dead bodies as that of her husband. Taking into account the aforesaid facts, I am inclined to release him on bail. It is therefore, directed that pending his trial in connection with C.R.No.49/2009 registered by Roha Police Station, District Raigad, the applicant be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he reports to the Investigating Officer once in a fortnight on every first and third Monday between 11-AM and 5-PM till the disposal of the trial and on further condition that he does not tamper with prosecution witnesses and will remain present on all the dates of the trial, unless 5 exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)