jpc ba1079-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1079 OF 2011 Pradeep @ Bala Vishnu Alimkar ... Applicant Versus The State of Maharashtra ... Respondent Ms. N. M. Baig, for the applicant Mrs. R. V. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 11th August, 2011. P.C. : 1. Heard Ms. Baig, the learned advocate for the applicant and Mrs. Newton, the learned APP for the State. 2. I have gone through the bail application and the copy of the charge-sheet that is annexed thereto. 3. One Baliram Chintaman Pavshe died an unnatural death due to assault, on 8/10/2010. His wife, Smt. Shanu lodged a report with the police mentioning that she was suspecting one Gautam Chintaman Pavshe, Jagan Chintaman Pavshe and Vikas Chintaman Pavshe for the said murder. Three of them were arrested. but, in the course of investigation, they were released under the provisions of Section 169 jpc ba1079-11.sxw 2 of the Code of Criminal Procedure. According to the investigating agency, the present applicant and the three others i.e. Padip @ Dipu Nahak, Natha Ashok and Vinayak Alimkar (Accused Nos. 2, 3 and 4) are the real culprits. 4. Inspite of carefully glancing through the charge-sheet, I am not able to hold that there is any satisfactory material against the applicant to connect him with the alleged offence. As observed earlier, initially, the applicant was not suspected for the said murder. The material against him is that an iron rod was recovered at his instance in the course of investigation. However, it does not appear that the said iron rod was containing any stains of blood. On the contrary, it is clear from the first information report itself that two wooden rods, stained with blood, were found laying near the dead body. 5. There are some statements, that came to be recorded in the curse of investigation, which create some suspicion against the present applicant. But,these statements are basically supplementary statements of those witnesses who had initially not expressed any suspicion against the applicant. The statements and the supplementary statements have been recorded considerably late. jpc ba1079-11.sxw 3 6. The applicant is in custody since 19th October, 2010. I am informed that the trial has not yet commenced. 7. Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail. 8. The application is allowed. 9. The applicant is ordered to be released on bail in the sum of Rs.40,000/- (Rupees forty thousand ) with one surety in like amount, or two sureties in the sum of Rs.20,000/- each. (A.M. THIPSAY, J.)