MP 1 BA1483_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1483 OF 2011 1. Sham Namdeo Hande 2. Rajaram Manohar Kadam 3. Shivaji Thaka Madhe ... Applicants Versus State of Maharashtra ... Respondent Ms Pranali Kakade i/b. Mr. Subhash Hulyalkar, Advocate for Applicants. Smt.P. P. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 25TH NOVEMBER 2011 P. C. : The applicants seek to be released on bail in crime No.45 of 2011 registered with Ottur Police Station, Pune for the offences punishable under Sections 302, 201, 392 r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, is that on 06.06.2011, one Shankar Tulshiram Hande left his house to go to his field at Umbraj to see the crop. At that time, he was wearing a gold chain weighing about 2.5 tolas. However, he did not return home in the night. After the search, on 25.06.2011, his dead body was found strangulated with a piece of saree. Gold chain was missing. Thereafter, a report was lodged by one Damodar Hande, who is brother of the deceased. He expressed suspicion against four persons including the present applicants, and accordingly, all of them came to be arrested. Investigation has been completed and charge-sheet is filed. During the investigation, accused No.1 Tulshiram Kisan Shingote had allegedly admitted the commission of murder as well as robbery, and according to him, the present applicants were also with him in commission of crime. However, the case does not go beyond the confessional statement made by said Tulshiram before the police. The MP 2 BA1483_11 confessional statement before the police is not admissible under Section 25 unless such statement distinctly leads to discovery of some fact which is admissible under Section 27 of the Evidence Act. There was no discovery of any material evidence or fact. According to the prosecution, the place of the incident was shown by Tulshiram after making the confessional statement, but that place was already known to the police. 3. Therefore, the applicants be released on their executing P.R. of Rs.25,000/- each with one or two sureties to make up the amount with condition that they shall not tamper with the prosecution evidence. (J. H. BHATIA, J)