1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 8 OF 2010 IN CRIMINAL APPEAL NO. 142 OF 2010 Ashok Desai Koli .. Applicant Vs The State of Maharashtra .. Respondent Mr. Prakash Wagh for the Applicant Ms. P.H. Kantharia, APP for the State CORAM : SMT. RANJANA DESAI & SMT. V.K. TAHILRAMANI, JJ DATE : 28th APRIL, 2010 P.C.: 1. The applicant-original accused was tried in Sessions Case No.427 of 2007 for offence punishable under section 302 of IPC. The allegation against him was that he committed murder of one Hussain Walid Shaikh on 14.02.2007. The learned Sessions Judge has convicted him for life. His appeal is admitted. This is his bail application. 2. The case of the prosecution, inter alia was that the deceased was staying in the house of the applicant. Applicant's mother Mallamma is a widow. According to the prosecution, the deceased wanted to marry Mallamma. He started coming home under the influence of liquor. He used to beat Mallamma. He used to have sexual intercourse 2.appa8-10 2 with Mallamma by gagging her mouth and by tying her hands and feet. The deceased had sexually tortured Mallamma 2-3 times and also threatened to kill her. Murder is said to have been committed on account of this. 3. The prosecution story rests on the eye witness account of PW2, PW4 and PW9. PW4 has turned hostile. So far as PW2 and PW9 are concerned, it is pertinent to note that their statements are recorded two days after the incident. The applicant was arrested on 16.02.2007 and identification parade was held on 03.04.2007. In this belated identification parade, PW2 and PW9 are said to have identified the applicant. Our attention is drawn to the evidence of PW12 Dr. Tasgaonkar who had conducted postmortem on the deceased. When Article X (hacksaw blade) which the applicant is said to have used while committing murder was shown to PW12, he has stated that injury nos. 3 and 5 which are said to be injuries which led to the death were not possible by the use of the said hacksaw blade. 4. The applicant is 27 years old. Murder is allegedly committed because the deceased used to sexually torture his mother. Learned APP was asked to find out whether he has any antecedents. On instructions from the Senior Police Inspector, Nirmal Nagar Police Station, learned APP submitted that the applicant has no antecedents. Letter 2.appa8-10 3 dated 24.04.2010 is taken on record and marked X. In the peculiar facts and circumstances of the case, in our prima facie opinion, the applicant should be released on bail. Hence, the following order: O R D E R 1. The applicant - Ashok Desai Koli is ordered to be released on bail in the sum of Rs. 20000/- [Rs. Twenty Thousand Only] with with one or two sureties to make up the said amount. The applicant shall report to Nirmal Nagar Police Station once in every month till disposal of the appeal. 2. Application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. V.K. TAHILRAMANI, J.] 2.appa8-10 4 2.appa8-10