1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (BA) NO.594 OF 2011 (BHIMSEN MAHADEV TURKAR//VS// STATE OF MAH. THR. PSO, RAWANWADI.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S.Popat, Advocate for Applicant. Mr. V.A. Thakre, A.P.P. for Respondent/State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 18, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the accused on bail in Crime No.56 of 2011, registered with Police Station, Ravanwadi, District : Gondia. Dead body of one Pyarelal Chavhan was found on Kamtha-Ravanwadi road. A knife and one Gamcha (cotton scarf) were also seen near the dead body. The death was caused due to stab injury. During the course of investigation two accused, including the applicant, came to be arrested. The investigation reveals that the deceased was carrying his handcart by that road which dashed against the present applicant and his associate Gaurishankar. This resulted into quarrel between the deceased on one hand and two accused persons on the other. Gaurishankar stabbed the deceased. The evidence collected during the course of investigation against the applicant is in the form of disclosure statement under Section 27 of the Evidence Act. In pursuance to that clothes i.e. full-pant and full sleeves shirt were recovered. Panchnama, which is made available by the learned Additional Public Prosecutor for perusal of this Court, does not show that the said clothes were stained with blood. 2 The prosecution is then relying upon the statements of three witnesses who have stated that the cotton scarf which was seen at a distance of 200 ft. and its piece was found in the hand of the deceased, belonged to the present applicant. This being the state of evidence, the applicant will have to be released on bail. The application is allowed. The applicant-accused Bhimsen Turkar is directed to be released on his executing P.R. Bond in the sum of Rs.Fifty Thousand with two sureties in the like amount with condition to attend Police Station as and when required. JUDGE RR..