1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.89/2011 (Vaibhav Rammurti Mendhe .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. A.M. Jaltare, Advocate for applicant, Mr. J.B. Jaiswal, APP for respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 15, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted along with his mother by Akot Police Station as a result of investigation of Crime No.72/2010 for offence under Sections 302, 201 r/w 34 of the Indian Penal Code, is objected by the prosecution on the count of involvement of the applicant in commission of such offences being borne from the material collected during the investigation. The said crime was registered at the said police station upon the first information report lodged by one ASI Shri Sahebrao Ramrao Bhagat, upon receipt of information of one Shyam Mendhe of smoke emitting from the house of Rammurti Mendhe and, thereafter, the said ASI visiting the said house, having found dead body of victim Sarika 2 in burnt condition in the cattle shed of the said house with blood stains. It is the prosecution case that the applicant, his mother Ashabai, step-mother, Sarika, father of applicant Rammurti and his mother Gokarnabai were residing in the said house at the relevant day of incident. It is also the prosecution case that on the relevant day at the time of the incident father of Rammurti and Gokarnabai were not in the house due to Rammurti had been to the field and his father to the place of his daughter at Shirangaon and Gokarnabai to Deoulgaon. The applicant has returned to the house after giving tiffin to his father in the field and, thereafter, leaving his grandfather at taxi stand. It is further prosecution case that thereafter applicant and his mother had beaten Sarika and, thereafter, by pouring kerosene on her person burnt her. Though the request for bail was objected by the learned APP by drawing attention to the material in the statements of five witnesses namely Rajukmar Mendhe, Vinod Mendhe, Vishwash Mendhe, Gajanan Mendhe and Gunwant Mendhe to the effect that the applicant and his mother Ashabai/co-accused used to threat the victim Sarika of removing her obstacle as she was keep and not legally wedded wife of Rammurti to have share in lands and house and thus the applicant having motive for commission of the crime and on the relevant day the applicant being seen nearby the place of offence hurriedly left the spot along with his mother- co-accused on motor cycle, still upon prima facie consideration of the material contained in the 3 statements of two witnesses relevant to point Rajkumar Mendhe and Gopal Mendhe prima facie revealing that the applicant was standing near motor cycle with his mother, hurriedly closing the house from which the smoke was emitting had been to applicant and, thereafter, both of them having left the spot and thus inability of prosecution to point out any material for coming to prima facie conclusion that the applicant was in the house from which the smoke was emitting prior to leaving the said spot, there appears substance in the submission of the learned counsel for the applicant that upon such character of the prosecution material, he should be enlarged on bail upon the conditions as would be fit proper by the court. The prayer for bail deserves consideration as it will be highly debatable whether the circumstances pointed by the prosecution against the applicant by itself would be forming formidable chain leading to the sole inference upon the guilt of the applicant in commission of offences for which he is charge sheeted. In view of the same, the applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) after his release on bail, shall not stay within the local limits of Wadgaon Mendhe village, shall intimate his place of abode to the investigating officer, shall not change the same without the permission of the trial Court and shall also attend the local Police Station within whose jurisdiction he would be staying in between 4 11 am and 2 pm every Monday for a period of three months and, thereafter, on first Monday of every month until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iii) shall not commit any offence while on bail. Nothing in aforesaid order should be construed as an opinion expressed by the Court upon the merits of the prosecution case. The application stands disposed of. JUDGE Gulande