1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4867 OF 2010 Prakash S. Dubey ...Applicant. v. The State of Maharshtra ...Respondents. Mr. U.S.R. Singh ,adv. For the Applicant. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 31, 2011. P.C. 1 The applicant seeks to be released on bail in crime no.232 of 2009 registered by Kapurbavadi police station for the offences punishable under Sections 302 and 201 I.P.C. 2 According to the prosecution, deadbody of a person was found in gunny bags on 20.8.09 at about 7.45 a.m. It was first noticed by one Santosh Rama Katkar, who immediately informed the police by phone. Thereafter, PSI Patil reached the spot. He opened the gunny bag and found deadbody of the person aged about 40-45 years. Electric wire was found tied around his neck. Inquest panchanama was prepared and the deadbody was referred for post mortem examination. Deadbody was received by the autopsy surgeon at 4 p.m. and he noted that rigor mortis 2 had passed off and the body was de-composed. During the investigation, it was revealed that the present applicant had taken shop no.43 from Swastik Residency, phase no.2 under the leave and license agreement on 1st August, 2009. He had paid Rs.20,000/- in cash and Rs.20,000/- by cheque towards the deposit and another cheque was issued to one Subhash Ghosh as his brokerage charges. As cheques were dishonoured , present applicant assured that he would not start business unless the payment is made. Panchanama of that shop was prepared and the wire of the fan was found broken. As per the C.A.Report, wire around the neck tallies with the electric wire of the fan in that shop. During the statement recorded on 20/9/2009, Subhash disclosed the above facts and he also stated before the police that on 17.8.2009, accused Prakash Dubey had come to clean the shop for performing Ganpati Pooja. As some tailoring material of the landlord was also lying in the said premises, present applicant handed over one of the keys of the gala to Subhash Ghosh and he retained one with himself. On 19.8.2009 at about noon time, present applicant alongwith the two companions was seen in the said shop. The deceased was one of those two persons, whose name was disclosed as Phulchand Ramling Matange. Second companion of the present applicant is said to be absconding accused. Thus, according to 3 the prosecution, present applicant and his companion committed murder of said Phulchand by strangulating him with the electric wire. 3 Heard the learned counsel for the parties. It is pointed out by the learned counsel for the applicant/accused that there is no eye witness of the said incident. There is no evidence about the previous enmity between the present applicant and the deceased. No evidence about motive has come on record. He points out that according to the prosecution, one key was with the accused and one key was with Subhash Ghosh or with the landlord. He also pointed out that according to the prosecution, one key was with the police when the police went to the said Gala on 4.9.09. According to the police, it was received from the father of the accused but neither father of the accused was present at the time of recording panchanama of the shop nor any panchanama was prepared about taking key from the father of the accused nor statement of father of the accused was recorded in this respect. The whole case is based on the circumstantial evidence. Investigation is already completed and chargesheet is filed. Accused is in custody since 31st August, 2009. 4 In view of the above facts and circumstances, accused may be granted bail. The applicant be released on his executing PR of Rs. 50,000/- with one or more solvent sureties to make up the amount with 4 condition that he shall not tamper with the prosecution evidence and shall report at Kapurbawadi police station on every Sunday between 11 a.m. to 1 p.m. till the end of the trial. 5 Application stands disposed off. (J.H. BHATIA,J.)