1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5303 OF 2009 Salman Kamruddin Khamn ... Applicant Versus The State of Maharashtra ... Respondent ... Shri A.P. Mundargi, Sr. Advocate i/b Mr. Niranjan Mundargi, for the Applicant. Shri A.S. Gadkari, APP for the State. CORAM : D.G. KARNIK, J. DATED : 10th March 2010 P.C. 1. Leave to amend. Amendment to be carried out forthwith. 2. Heard. By this application, the applicant seeks bail in connection with the C.R.No. I-81 of 2009 registered at Diagram Police Station, Thane for an alleged offence punishable under sections-302, 201 read with section-34 of the IPC. 3. The prosecution case is that one Aayub Shaikh (Accused No.1) the husband of Rubina (the deceased) suspected her chastity. He along with his friend Pervez (Accused No.3) killed the deceased on 28.5.2009. 2 At the time of the murder the deceased and accused no.1 were traveling a car of the applicant (Accused No.2). 4. According to the prosecution accused No.3 committed the murder. The evidence does not disclose that the applicant was involved in the killing or that he know that that the accused no.3 was going to kill the deceased. The accused no.3 and the deceased only travelled in the car of the applicant. After the killing accused no.1 and accused no.3 threw the body of the deceased. The blood stains in the car were washed and removed. The applicant having known that the murder after it took place ought to have reported it to the concerned Police Station which he did not do. The prosecution case, even if believed in entirety, prima face, shows that the offence alleged against the applicant would be under section 201 of the IPC and not under section-302. 5. In the circumstances, the applicant can be granted bail. Hence, I pass the following order: (i) The applicant be released on bail his executing P.R. Bond of Rs.15,000/- with one surety of the like amount subject to the following conditions: a) That the applicant shall not threaten any prosecution witnesses. b) The applicant shall report his attendance to the 3 concerned Police station once a month in the first week of the month of every British calender month. (ii) It is clarified that the Sessions Court shall not influence by any of the observations made herein at the time of trial. (iii) The statement of the applicant recorded under section-164 and called for by this court be returned to the trial court. (D.G. KARNIK,J.)