1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.36/2011 (Anil Baburao Wadikar .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Anil S. Mardikar, Advocate for applicant, Mr. J.B. Jaiswal, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 15, 2011 Heard. The prayer for bail made by the applicant/accused charge-sheeted by Police Station, Old City, Akola as a result of investigation of Crime No.220/2010 registered on 27.7.2010 for offence under sections 302, 201, 120-B r/w 34 of Indian Penal Code upon the first information report lodged by Hasan Babakha Pathan after the corpse of one Ramratan Vishwanath Ingle was found on the road at about 3.40 am and identified by one Shyamlal Chourashiya, is vehemently opposed by the learned APP. It is the crux of the submission of the learned APP that the cause of death as revealed during post-mortem considered along with the circumstances in which the dead body was found in terms establishes deceased having met with homicidal death. It is urged that circumstances emerging from the material collected during the course of investigation prima facie leads to the conclusion of applicant is one of the member 2 of the conspiracy hatched by the wife of deceased along with the applicant and co-accused Ashok Bhise to murder him due to her illicit relationship with Ashok Bhise. It is urged that the prosecution material amongst other prima facie reveals of the applicant was aiding the co-accused in having illegal relationship with the wife of the deceased. It is urged that the prosecution material reveals that in the relevant night prior to succumbing to death at about 8.15 pm, the deceased was lastly seen alive in the company of the co-accused Ashok Bhise and the applicant. It is urged that considering the prosecution material in proper perspective the same prima facie points the applicant along with co-accused Ashok Bhise having committed the murder of the deceased. The perusal of the material in the chargesheet supports the submission of the learned counsel for the applicant that the material accepted as it is prima facie does not transcend beyond the deceased being in the company of the applicant and co-accused Ashok Bhise at about 8.45 pm when they had left the house of the deceased upon the motor cycle. There appears prima facie force in the submissions of the learned counsel for the applicant that other circumstances pointed out by learned APP that the deceased was also seen in the company of the applicant and the co-accused Ashok Bhise at about 10.00 pm at Madhuri Bar or at Petrol Pump at 11 pm has not been spelt out from prosecution material in as much as there is absence of any other material for even prima facie coming to the conclusion that two other persons then accompanying co-accused Ashok Bhise at said Bar were the applicant and the deceased. Even the case of other circumstances of applicant and co-accused at 11.45 pm had taken back motor cycle parked by them at pan shop before 3 leaving along with deceased at 8.15 pm is clearly innocuous in absence of any other further material linking the same with crime committed. Having regard to such character of the prosecution evidence and there being no proximity of time of death at which the deceased being seen alive in the company of the applicant and his dead body was found, the applicant has made out a case. Such a prima facie conclusion is inevitable in other two circumstances pointed out by the learned APP that recovery of dupatta or seizure of motor cycle are incapable or strengthening even prima facie inference which the prosecution intends to draw against the applicant. Hence the order : The applicant is directed to be released on bail in connection with Crime No.220/2010 of Police Station, Old City, Akola upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety in the like amount and subject to the conditions that applicant - (i) shall attend the investigating officer in connection with the investigation in between 11.00 am to 2.00 pm on every day for a period of one month and, thereafter, on every Monday until further order. (ii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande