{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2475 OF 2010 Subhash Harisingh Thakur & others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. S.S.Jadhavar, Advocate for the applicants Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 19th July 2010 PER COURT: 1. By the present criminal application, the applicants who are arrayed as accused in CR No.19/2010 of MIDC Police Station, Ahmednagar and arrested on 9th and 11th February 2010 have prayed to release them on bail, as investigation is over and charge sheet has been filed before JMFC, Ahmednagar. 2. Heard learned counsel for applicants followed by learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the {2} complaint of Police Constable Laxman More on 9th February 2010. It appears that the said constable was investigating missing case No.38/2009 registered on 5th December 2009 about missing of Dilip Barde. During the inquiry of missing case, it is revealed that applicant No.2, on whose brick kiln the deceased was working and has stolen a bicycle, had taken the deceased to the hotel run by applicant No.3, where applicants No.1 and 4 work as waiters. It appears that though said Dilip was repeatedly questioned and tortured yet he was not responding to their queries. It appears that thereafter one Liyakat and Hussain had been to the said Dhaba and they gave dash against the head of Dilip i.e. head fighting, and during the said fight, Dilip was collapsed and hence the applicants and others removed the body and buried the same in a nearby field. Thereafter, the dead body was recovered at the instance of Liyakat and Husain and thereafter the offence came to be registered against total 8 persons including the present applicants. Statements of the relatives of deceased were recorded during the investigation. Though accepted all the statements as well as the facts disclosed in the compliant, yet it is clear that the applicants have not hired services of Liyakat and Hussain, as it is alleged that due to their assault Dilip has died. No doubt applicant No.2 had brought the deceased at a hotel where the incident was witnessed by applicants No.1 and 4 who have assisted to destroy the evidence. At the most offence punishable u/s 201 of the Indian Penal Code can be attributed to the applicants, which is obviously not punishable with life imprisonment or death. In the premise, {3} case is made out to enlarge the applicants on bail. 4. In the result, the application is allowed. All the applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount, if not required in any other offence. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2475-10