appln-2794-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION 2794 CRIMINAL BAIL APPLICATION No. / of 2010 Intiyaz Shaikh Fakir Mohammad Shaikh And Matin Mohiddin Khatib ... Applicants. vs. State of Maharashtra. .. Respondent. Mr A.P. Mundargi Sr Counsel i/by A.A. Kocharekar, for the Applicants. Mrs A. S. Pai, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 20TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by both the applicants in connection with C.R. No.39/2010 registered by Gangapur Police Station, Nashik for the offence punishable under Sections 302, 364, 323, 324, 120-B, 141, 143, 148 and 149 of I.P.C. 2. According to the case of the prosecution, there are total five accused persons. Out of them accused No.1 is named in the F.I.R. which was lodged immediately on the next day when the incident of initial fight and abducting the deceased took place at Hotel Radhika, Nashik on 16.2.2010. On the next day, the appln-2794-10 dead body of the victim was found and the F.I.R. was lodged, in which as mentioned above, name of only accused No.1 is mentioned and allegations are that he along with other four/five associates entered the hotel premises when the complainant, deceased and their one more friend Yogendra were chit-chating and waiting for tea. 3. Admittedly, though there are eye-witnesses to the incident of assault on the deceased and the first informant which took place at Hotel Radhika, there are no eye-witnesses regarding actual commission of murder inasmuch as the dead body was found on the next day and according to the first informant, accused no.1 and his associates abducted the deceased from the hotel. Allegedly, there were strained relations between the deceased and accused no.1 on account of some one side love affair, deceased was having with some girl, who was in relation with accused no.1 and his associates. So far as present accused No.5 (applicant No.1) is concerned, there is test identification, in which according to the witness Yogendra, he identified applicant no.1 on 15.3.2010 as the person amongst five other associates of accused No.1, who assaulted the deceased in the premises of Hotel Radhika. On this aspect, it is pertinent to note that said Accused no.5 was put under arrest on 24.2.2010 and put to test identification parade on 15.3.2010. So far as applicant- No.2 ( original Accused No.2) is concerned, he was arrested immediately on the next day of the incident i.e. on 17.2.2010 and according to the prosecution blood stained clothes were recovered and which he was then wearing. However, as on today, there is no C.A. report available in order to ascertain the blood group and also to ascertain the blood grouping of said accused No.2. As such, the prima facie material available as against applicant No.1 is only test appln-2794-10 identification parade whereas what is available against applicant no.2 is, again his test identification parade was conducted on 15.3.2010 and recovery of blood stained clothes from his person. 4. During the arguments, learned A.P.P. for the State strongly submitted that these are the incriminating circumstances as to finding of blood stained clothes and as also identification in the test identification parade so far as applicant no.2 is concerned. Whereas, applicant No.1 concerned there is only test identification parade in which he was identified. Prima facie such identification can lead the Court to hold that these were the persons who took part in the commotion and fight at Hotel Radhika and not beyond that, much less their participation in the murder of the deceased i.e. severe assault on him so as to cause his death. Even so far as the present applicants are concerned, there is apparently no motive for them to do away with the deceased apart from their alleged association with accused No.1, whatever motive alleged regarding the love affair of the deceased with the girl is concerning Accused No.1. 5. Considering the above factual position, in the opinion of this Court, present applicants can be released on bail by imposing certain conditions. In the result, the following order:- ORDER: (a) Bail application is allowed. (b) Both the applicants in arrested in C.R. No. 39/2010 registered with Gangapur Police Station,Nashik, District Nashik, shall be released on bail on executing P.R. bonds in the sum of Rs.15,000/- each with one surety in the like amount each. appln-2794-10 © On availing the bail the applicant/s shall attend concerned police station once in a week on every Wednesday between 10-00 a.m., to 12.00 noon till conclusion of the trial. (d) The learned Sessions Court which will be seized of the matter shall not be influenced by the observations made in the present order so far as merits of the case are concerned. 6. Application is disposed of in terms of this order. (A.R.JOSHI,J) LRS-PA