1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Criminal Application (BA) No.268/2011 ( Vikas s/o Bhagwan Bhoyar & another .. V/s.. State of Maharashtra, through P.S.O. Sindewahi, Distt. Chandrapur ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Mr. A.C. Jaltare, Adv. for applicants. Mr. N.R. Rode, A.P.P. for respondent/State. CORAM: M. N. GILANI, J. DATED: 17/6/2011. Heard. The applicant no.1 and 2 who are the accused in Crime No.4/2010, registered at the police station Sindewahi, Distt. Chandrapur, under sections 302, 201, 120-B read with 34 of the Indian Penal Code, have filed this application for releasing them on bail. The applicant no.2/accused no.3 has a sister by name Shila. She had married deceased some years ago and has three issues from him. It is alleged that the deceased used to ill-treat her. The nature and gravity of the ill-treatment was such that said Shila on many occasions had left his house and started residing separately. Even the deceased was not sparing his daughter Shubhangi in torturing her. This resulted in the 2 applicant no.2/accused no.3 hatching a conspiracy to take revenge of the deceased Subhash Dhurve. The deceased was a driver working with some private company at Nagpur. On 17/2/2010, the applicant no.1 and 2 and their six associates prevailed upon the deceased to accompany them in a Sumo jeep so that they would arrange his meeting with Shila. Believing them the deceased accompanied them. On way from Sindewahi to Chimur, in the night, the accused persons cut his head. The body was thrown in between Nawargaon to Chimur in Alsur forest which was noticed by Police Patil and he lodged the report on 18/2/2010. The head was found on 27/2/2010 near the way between Antargaon and Nawargaon within the jurisdiction of Sindewahi police station. During investigation, in the month of October 2010 the conspiracy, by the present applicants and their associates, which unfolded and resulted in their arrest. The identity of the dead body is established. He had a tattoo mark on his head. The evidence collected against both these applicants is of circumstantial nature. It is alleged that the applicant no.1 disclosed before the police that he would show the 3 knife before panchas and accordingly it was recovered. No blood stains were found on the knife. Similarly, the applicant no.2/accused no.3 gave disclosure statement which also resulted in recovery of knife which was buried underground. No blood stains were found on this knife. The other piece of evidence is statements of relations of the accused that on that particular night they had come to the house of the applicant no.1 and had a dinner. This witness also spoke about the burning of clothes. Then there is evidence of washing of the vehicle. The motive alleged by the prosecution is the cruelty meted out to Shila at the hands of the deceased. Much before the incident she had left his house. Taking overall stock of the evidence which is of circumstantial nature, prima facie, none of them being of clinching nature, I am of the view that the applicants/accused persons are entitled to be released on bail. Applicant no.1 and 2 are directed to be released on bail on their executing P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) each with two sureties each in the like amount. JUDGE Tambaskar.