1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.627/2011 ( Rubina w/o Nilesh Shahu and another ..Vs.. State of Maharashtra, through P.S.O. Ganeshpeth, Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Jaltare, Adv. for applicants. Mr. M.J. Khan, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 18.11.2011. 1. This is an application under section 439 of the Criminal Procedure Code for releasing the accused no.3 (applicant no.1 herein) and accused no.4 (applicant no.2 herein) on bail in Crime No.181/2011, registered with the police station Ganeshpeth, for the offence punishable under sections 302, 201, 147, 148 and 149 of the Indian Penal Code. 2. Manish Gharat – the deceased was resident of Gujarwadi within the jurisdiction of Ganeshpeth police station, Nagpur and used to ply auto-rickshaw. In the same locality, Nilesh Shahu (arrayed as accused no.1) resides. Sarika is the first wife of Nilesh Shahu. The deceased was having illicit relations with the said Sarika. On 13/9/2011 at 10 p.m. there 2 was quarrel between the deceased and Nilesh Shahu over this issue. On 14/9/2011, the complainant Pritam Gharat as well as the deceased were in the house. At a bout 9.30 a.m. there was quarrel between Nilesh Shahu and his family members i.e. the father of his second wife by name Rubina - the applicant no.1 herein. Hearing noise, the deceased went to the place where the quarrel between Nilesh Shahu and his family members was going on. After 50 minutes of this, the complainant – Pritam heard screams of the deceased and hence rushed to the spot. He saw the deceased lying on the footpath in an injured condition and also saw Nilesh Shahu hitting the deceased with stone. Javed (arrayed as accused no.2 and who is brother of Rubina) was holding knife. Manish was rushed to the hospital. He succumbed to the injuries. As many as 18 injuries in the nature of multiple contusions, lacerated wounds, possible by hard and sharp object were noticed. The death was due to head injury. 3. Learned A.P.P. placed for perusal of this Court the case diary. It is revealed during investigation that when on the earlier night there was quarrel between Nilesh Shahu and Salimkhan – father of Rubina and husband of Jamila, at that time, said Salimkhan had called Manish to intervene. The 3 investigation further reveled that there was enmity between Nilesh Shahu and the deceased. The fact that the deceased was maintaining illicit relations with the first wife of Nilesh Shahu, prima facie could not have annoyed or hurt the present applicants. It is pertinent to note that on the allegations of mere verbal instigation, minor Shabana was also roped in the crime. It is informed that she has been released on bail by the Juvenile Court. Taking over all view of the evidence, so far collected by the prosecution, it appears that the applicants are merely the witnesses to the incident and there is no reasonable ground to show that they are involved in the offence of the murder. 4. Learned A.P.P. submitted that there is evidence to show that these applicants washed the blood stains and that the stone and knife were seized at the instance of Rubina. In fact the case of the prosecution rests upon the eye witness account wherein it is stated that Nilesh Shahu and Javed assaulted the deceased with stone and knife. In this view of the matter, the discovery of weapon like stone and knife at the instance of the applicant Rubina (accused no.3) is insignificant. At the most this would show her involvement under section 201 of the Indian Penal Code. Considering the state of evidence, the applicants 1 and 2 4 who are in jail since 14/9/2011, are entitled to be released on bail with certain conditions. 5. The applicants Rubina w/o Nilesh Shahu and Jamila Begum w/o Salimkhan are directed to be released on bail on their furnishing P.R. bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with two sureties each in the like amount each. 6. Hamdast allowed. JUDGE Tambaskar.