1 Criap.No.5351 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.5351 OF 2011 Sachin Santosh Kurhe ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr C.R. Deshpande, Advocate for the applicant; Mr D.R. Kale, A.P.P. for the respondent CORAM : R.Y. GANOO, J. DATE : 21st December, 2011 PER COURT : Heard learned Advocates on both sides. 2. The applicant is arrested in connection with C.R. No.271 of 2011, registered with Dhule Taluka Police Station, District Dhule, under section 302 and 397 of the Indian Penal Code. The dead body of Surajmal was found by Police Constable Suryawanshi on 3.8.2011 and that is how he filed F.I.R. being F.I.R. No.271 of 2011. The identification of the dead body of Surajmal was done by the police. Said Surajmal has died on account of various stab injuries to 2 Criap.No.5351 of 2011 heart and left lung, as mentioned in the post mortem report. 3. With the assistance of learned Advocates on both sides I have perused the record. Learned Advocate Mr Deshpande appearing on behalf of the applicant submitted that on the basis of the charge- sheet no material is placed before the Court to allege that the present applicant is remotely concerned with the crime alleged, namely, murder of Surajmal. Learned Advocate Mr Deshpande pointed out that the present applicant was also a victim along with the said Surajmal in the night of 2.8.2011 and like Surajmal he has also suffered various injuries and he was admitted to the hospital for treatment. Learned Advocate Mr Deshpande pointed out to the Court copy of F.I.R. filed by the applicant with Amalner police station, District Jalgaon, wherein he has given detailed information to the police as to how he happened to be in the company of Surajmal, as to how a third person by name Guddu came in contact with said Surajmal and applicant himself and as to how said Guddu took advantage of the situation and assaulted the applicant as well as Surajmal and as to how death of Surajmal was caused. He read out to me text of the F.I.R. and pointed out that after the applicant suffered injuries, he was taken by the villagers to the nearest hospital and thereafter he has lodged the said F.I.R. Learned 3 Criap.No.5351 of 2011 Advocate Mr Deshpande submitted that the very fact that the present applicant has lodged F.I.R. disclosing all the information within his knowledge clearly goes to show that the present applicant has displayed his bona fides insofar as the entire occurrence is concerned. Learned Advocate Mr Deshpande, therefore, submitted that the present applicant is entitled to bail as there is nothing placed before the Court to show that the present applicant was involved in the occurrence, namely, causing of death of Surajmal. Learned A.P.P. opposed the submissions. Learned A.P.P. could not dispute the proposition advanced by learned Advocate Mr Deshpande that there is no material against the present applicant. 4. I have gone through the record as well as the text of the F.I.R. lodged by the present applicant. the police are trying to rely upon the charge-sheet which they have filed against the present applicant. The said charge-sheet does not disclose any material against the present applicant. Learned A.P.P. could not dispute this factual position. In view of above the applicant is entitled to bail. 5. The investigation of F.I.R. filed by the present applicant, namely, F.I.R. No.155 of 2011 is being handled by Amalner police station, District Jalgaon. If in the course of the said investigation if 4 Criap.No.5351 of 2011 the police are in a position to fix the role of the present applicant so as to cause of death of Surajmal, surely that would be a point on the basis of which the State may consider taking appropriate action against applicant. In view of these observations, I pass the following order :- 1) Bail Application is granted. 2) The applicant is hereby ordered to be released on bail in connection with C.R. No. 271 of 2011, registered with Dhule Taluka Police Station, District Dhule. He be released on bail in the sum of Rs.15,000/- with one surety in the like amount. He shall execute a P.R. bond in the sum of Rs.15,000/-. 3) Since the F.I.R. filed by the present applicant is under investigation of Amalner police station and much will depend upon the investigation of said F.I.R., it will be proper to direct the present applicant to report to Amalner police station rather than Dhule Taluka Police station where the present applicant is arrested in F.I.R. No.271 of 2011. Hence the present applicant is directed to report to Amalner Police Station on every second and fourth Saturday of the month, between 11.00 am. to 4.00 p.m. till charge-sheet in C.R. No.155 of 5 Criap.No.5351 of 2011 2011, registered with Amalner police station, District Dhule is filed. If charge-sheet is not filed in the said crime upto 31.5.2012, the applicant is free to apply to the concerned Additional Sessions Judge for modification of this condition of bail. (R. Y. GANOO, J.) amj/criap5351.11