MP 1 BA1670_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1670 OF 2011 Tushar Deepak Ovhal ... Applicant Versus The State of Maharashtra ... Respondent Mr. Nitin Pradha, Senior Counsel i/b. Mr. Rohan Samant, Advocate for the Applicant. Smt. R. V. Newton, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 11TH NOVEMBER 2011 P. C. : The applicant, who is accused No.4 in Crime No.128 of 2011 registered at Mundhwa Police Station, District Pune for the offences punishable under Sections 302, 201 r/w. Section 34 of the Indian Penal Code, seeks to be released on bail. 2. Prosecution case, in brief, is that on 03.07.2011, deceased Nitin Dodke left his house by motorcycle telling his wife that he would be back within a short time. However, he did not return home. A missing report was lodged on 06.07.2011. When he left the house, he was having amount of Rs.20,000/- to Rs.25,000/- and there were silver rings in his five fingers. In another case under Section 392 r/w. Section 34 of the Indian Penal Code, Crime Branch, Pune arrested all the four accused persons on 31.08.2011 and secured police custody. During the police custody, it was revealed by accused No.1 Sanjay that he and accused No.2 Meghnath had killed said Nitin Dodke due to some dispute with him and had also buried his dead body at one place. It was further revealed that later on they had called accused No.4, who is the present applicant, to help them to dig deep so that the dead body could not be detected. Accordingly, accused No.4 helped in digging deep and the dead body was MP 2 BA1670_11 buried again. Thus, in the remand application submitted by the police for the purpose of securing PCR as well as MCR, it appears that while accused Nos.1 and 2 had allegedly committed murder, the present applicant i.e. accused No.4 had helped in digging the grave deep to screen the dead body, and therefore, he is accused of the offence under Section 201 of the Indian Penal Code only. The offence under Section 201 of the Indian Penal Code is bailable. 3. Therefore, the applicant be released on his executing P.R. of Rs.15,000/- with one surety in like amount with condition that he shall not tamper with the prosecution evidence. 4. Application stands disposed of. (J. H. BHATIA, J)