1 Cri.A.5584.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5584 OF 2011 Sharad @ Kalu S/o Vijay Mane, Age 20 Years,Occup.: Labour, R/o Umrane, Tq. Deola, District Nashik. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Smt.Sadhana S.Jadhav,Advocate holding for Shri.Satej S.Jadhav, Advocate for Applicant. Shri.D.R.Kale, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 17.12.2011. PER COURT : 1. Heard learned counsel for both the sides. 2. Issue Notice to the respondent-State. Learned APP waives service of notice. 3. Learned Advocate Smt. Jadhav submitted that since the Court had an occasion to go through the charge-sheet filed by co-accused, in Criminal 2 Cri.A.5584.11 Application NO. 5251 of 2011, so the applicant be excused from annexing the copy of the charge- sheet. She further submitted that application be taken up for hearing on merits. Mr. Kale, learned APP had no objection for the same, as copy of the charge-sheet is with him. 4. The applicant is arrested in connection with Crime No. 64 of 2011, registered with Mohadi Police Station, Dhule, District Dhule under sections 302, 201 120-B, and 404 read with section 34 of the Indian Penal Code. The incident involves death of Dharmesh, who had gone to Umrane in connection with his cloth business. It appears that name of the present applicant came to be reported to the police by co-accused Mr. Borse, in the course of investigation. Mr. Borse informed to the police that services of present applicant were utilized for driving Indica Car, which was used in connection with alleged crime by himself and co- accused. Learned counsel Smt.Jadhav submitted that statement made by Mr. Borse to the police in the 3 Cri.A.5584.11 course of investigation cannot be used to link the present applicant with crime alleged. She further submitted that apart from the said statement there is no other material so as to implicate the present applicant in the crime alleged. 5. Mr. Kale, learned APP opposed the submission and prayed for rejection of the bail application. 6. After having gone through the entire record, I am inclined to observe that there is no material placed before the Court other than statement of Borse to the police to link the present applicant with crime alleged. This position is not disputed by the learned APP. Hence, the present applicant is entitled to bail. Hence, following order is passed. (i) The application is granted. (ii) It is hereby ordered that applicant be released on bail in connection with Crime No. 64 of 2011, registered with Mohadi 4 Cri.A.5584.11 Police Station, Dhule, District Dhule in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs.20,000/-(Rupees Twenty Thousand). (ii) Upon release, the applicant shall report to the concerned Police Station on every Second Saturday between 11.00 a.m. to 4.00 p.m. till evidence of material witnesses on behalf of the prosecution is recorded. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 5 Cri.A.5584.11