1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 176/2011 (Sheikh Shafi Sheikh Sattar .vs. State of Mah. Through PSO PS Sakoli, Dist. Bhandara. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.Y. Sharma, Advocate for Applicant. Mr. A.S. Sonare, APP for Respondent .......... CORAM : P.D. KODE, J. DATED : MARCH 31, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted by Sakoli Police Station, District-Bhandara in connection with Crime No. 106/2010 registered for offence under Sections 302, 120- B, 201 r/w 34 of the Indian Penal Code is vehemently objected by the learned APP by stating that the applicant is one of the persons who had assaulted the deceased near the van and himself was the associates of the main culprits who was engaged by the wife of the deceased for commission of offence. It is urged that the present case being regarding the offence of conspiracy and involvement of the applicant being spelt from the material, he should not be enlarged upon the bail. In short, it is the case of the prosecution that 2 Kalpana - accused no.1, wife of deceased, was fed up of ill-treatment received by her from her husband. She had engaged accused Ijaz Pathan and Shaikh Shafi applicant for killing him. It is further prosecution case that on the date of incident, Kalpana had left the house and deceased was called at the spot of incident by giving him fake call of his wife had met with an accident. In pursuance to the call received, deceased along with his son Ketan – sole eye witness had been to the spot. After reaching the spot, deceased was asked to be near the vehicle in which his wife was lying and at the said place he was assaulted by accused Ijaz Pathan and his two companions, out of which one of the person was driver of the said vehicle and another applicant. It is further prosecution case that thereafter the body of the deceased was kept in the said vehicle and attempt was made to take it away from said spot but the culprit failed in said attempt due to traffic jam and returned to spot and left the same at the said spot. Though the application is thus opposed by the learned APP, the submissions of the learned counsel for the applicant that there is absolutely no material connecting the applicant with the incident of an assault which had taken place are prima facie found to be correct after perusal of the material in the chargesheet. Such an inference prima facie emerges as statement of the sole eye witness i.e. son of deceased Ketan does not reveal that he has named the applicant as being out of the three persons who had attacked the deceased at spot and details of vehicle which was at spot. Needless to add that charge sheet does not contain any material in the shape 3 of further statement of the sole eye witness of having identified the applicant as one of the person involved in the incident during the course of any test identification parade held during the course of investigation. Furthermore there is absolutely no other material connecting the applicant with the crime which has taken place. Having regard to the same, it is difficult to negative the prayer for bail. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or more surety in the like amount and subject to the conditions that applicant - (i) shall attend the Sakoli Police Station in between 11.00 am to 2.00 pm on every Monday until further orders, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai