1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3572 OF 2010 Kashinath S/o Rangrao Dadge Age : 50 years, Occ : Agril, R/o Sangvewadi, Tq. Nilanga, Dist. Latur ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.P. Urgunde, advocate for applicant. Mr. N.H. Borade, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 6th October, 2010. PER COURT : 1. This is an application for bail under Section 439 of the Criminal Procedure Code. 2. The applicant is arrested in connection with crime No. 37 of 2010 registered at Bhada Police Station for the offence punishable under Section 302 and 201 r/w 34 of the Indian Penal Code. 3. Heard learned Advocate for the applicant and learned A.P.P. The investigation papers were made available for perusal during the course of hearing. 4. The learned Advocate for the applicant points out that the main accused, namely, Sitaram Tambolkar has been released 2 on bail by the Court of Sessions, by an order dated 16th July, 2010 passed on bail application (Exh. `B' to the application). So far as the present applicant is concerned, it appears that he had accompanied the main accused-Sitaram Tambolkar in the evening of 15th May, 2010. The police statement of Mahtab Mulla, who plies Auto Rickshaw shows that Sitaram Tambolkar had engaged the Auto Rickshaw in the relevant evening. His version prima facie shows that said Sitaram Tambolkar was in the company of deceased Vimalbai. He narrated to the police that in the night time at about 11 p.m., the applicant alone went near the Auto Rickshaw and informed him that Sitaram Tambolkar caused death of that woman. This is hear-say evidence. So also, it can not be regarded as extra judicial confession because the applicant did not confessed any guilty on his part. Under the circumstances, the applicant deserves liberty. 5. In the result, the applicant is directed to be released on bail, on furnishing of P.Bs. in sum of Rs. 15,000/- (Rs. Fifteen Thousand) with S.Bs in the like sum to the satisfaction of the Court of Sessions. The application is disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/cri3572.10