1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1830 of 2010 Vishal Babanrao Matte ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Durgapur, Dist. Chandrapur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.M.Daga, Advocate for the applicant. Mr. P.V.Bhoyar, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 03 rd Decem ber , 2010 . Heard. This is an application filed by the applicants for grant of bail in Crime No. 113/2010, registered with Police Station, Durgapur, Dist. Chandrapur for the offences punishable under Sections 302, 201 r/w Sec.34 of Indian Penal Code. The sum and substance of the case of the prosecution is that one Vaibhav Tijare and Mangesh Yede were friends and they were prosecuting their studies as a student of First Year D.H.M.S. in P.B. Homeopathic Medical College and Research Centre, Chandrapur. The applicant and one Akash Gajjanwar were friends of Vaibhav and Mangesh. Vaibhav had a feeling in his mind that Mangesh is liked by the fellow students, particularly girl students in the college. On 16/9/2010, at about 3.00 p.m. while returning from the college, Mangesh returned along with one girl student on motor bike. Mangesh and Vaibhav were used to come together after attending the college. But, on that day, as Mangesh was accompanied by a girl student, Vaibhav felt hurt. Thereafter, Mangesh came to the house of Vaibhav where Vaibhav stated to him that the girls are following him 2 and he has become brother of all the girls. On this, Mangesh gave slap to Vaibhav. Vaibhav brought 9 mm pistol of his father and fired it at Mangesh. Mangesh was seriously injured and fell down. Thereafter, Vaibhav by calling the applicant and other friend Akash, wrapped the body of the victim in a bed sheet and disposed it of. On this backdrop, aforesaid crime came to be registered against the applicant and other accused persons. Learned Advocate for the applicant submitted that accepting the case in the complaint as it is, the main accused is Vaibhav, who used the pistol of his father and shot dead victim Mangesh. Insofar as the material against the applicant is concerned, it is only in the form of confessional statement of other accused persons. Learned Advocate for the applicant further submitted that the applicant is a bright student, who is prosecuting his B.H.M.S. course. The Misc. Criminal Application, which was filed before the Sessions Court for enlargement on bail was rejected mainly on the ground that the investigation is at initial stage. Learned Advocate further submitted that the other accused person namely Akash Gajjanwar is released by the Juvenile Court on the ground that he is juvenile. Learned Advocate informed that in the recent development, the investigation is concluded by the investigating agency by filing the final report. Learned Advocate, in view of these facts, submitted that the applicant is entitled to be released on bail. To support his submission, learned Advocate has placed reliance on the judgment of this Court in the case of Mohammad Adil .vs. State of Maharashtra, reported in 2009 All M.R. (Cri.) 221. Per contra, learned APP for the respondent has vehemently opposed the application. Reply is filed by the State. Learned APP submitted that Vaibhav, Mangesh, Akash and applicant are close friends and prosecuting their studies together. All 3 the accused were class fellows. When Vaibhav called the applicant and Akash, at that time Mangesh was seriously injured, but he was alive. Learned APP submitted that there is strong material against the applicant to show that the applicant participated in the crime by wrapping body of victim Mangesh in a bed sheet and disposing the same in a grazing land behind the house of Vaibhav. The material collected by the investigating agency reveals that applicant Vishal entered in the scene on call of Vaibhav. It further reveals that prior to the applicant entering the scene, Vaibhav had already shot dead victim Mangesh. The nature of material available against the applicant is only in the form of confessional statement of co-accused persons. According to learned Advocate for the applicant, the evidence in the form of confessional statement is too weak form of evidence and with the material available against the applicant, the only charge could be levelled against him is under Section 201 of I.P.C. According to learned Advocate, there are remote chances of success of prosecution with such type of weak evidence and as such keeping the applicant behind the bars for indefinite period, would not be less than pre-trial punishment to the applicant. I find considerable merit in the submissions of learned Advocate for the applicant. It is not in dispute that the set of circumstances against the applicant are similar to the set of circumstances against co-accused Akash, who is already released by the Juvenile Court. On considering, the material, I am of the opinion that prima facie case is made out by the applicant for his enlargement on bail with additional fact that the applicant is prosecuting his studies . The apprehension expressed by learned APP can be taken care of by putting the applicant on certain conditions. In the result, the application is allowed. 4 The applicant be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand only) with one or more solvent sureties in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Durgapur, Dist. Chandrapur as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicant is moving out of the area of police station, Durgapur, he shall inform the police station about his visit to other place. e] The applicant to submit before the trial court a certificate issued by the Principal of the college, stating therein that he is attending the classes regularly and keeping his good behaviour, at the end of every quarter of the academic year, till conclusion of the trial. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale