1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 2989/2009 ( Pravinkumar s/o Haribhai Kagadada (Soni) and another vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr Atul Pande, Adv. for applicant Mr Anup Parihar,APP for Respondent-State C ORAM : A.P. BHANGALE, J. DATED : 21st August, 2009. 1. Heard learned counsel for the respective parties. 2. By means of this application, the applicants are seeking bail in respect of Crime No.277/2009 registered at Bhandara Police Station, Tq & Dit. Bhandara, for offence punishable under section 302 read with section 34 of the Indian Penal Code. The offence was registered on 20th June, 2009 on the basis of complaint by one Sau. Vimalbai Ashok Meshram who reported that her son Sandip Ashok Meshramh bad left saying that he will handover money recovered by him to Jaishri Madam . He went by a motorcycle ; but did not return home. At about 0030 hours on 20th June, 2009 the first informant received a phone call that Sandip had met with an accident and is admitted in a Government Hospital. Therefore, the first informant and her nephew Ashish went to the Hospital. They say that Sandip had received injuries on his right hand on face as well as chest. It is alleged that Sandip had made oral statement that Madhavji Soni, his son and brother of Jaishree Soni assaulted him and took him in front of Ashoka Bar and thereafter Police admitted him in a hospital for medical treatment. 3. Learned Advocate for the applicant contended that false implication 2 of the applicant herein cannot be ruled out because of possibility of the deceased receiving injury as a result of road accident as he went by motorcycle according to the first informant also. Furthermore, it is mentioned that one policeman had taken the injured to the hospital for medical treatment but there is no material indicating that statement of such a policeman has been recorded which could have been important independent material in the course of investigation. Assuming for the sake of arguments that statements in the FIR are correct, there is no other material collected during the investigation to point out as to whether the policeman who took the injured to the hospital, his statement was recorded or not. Although offence is alleged to have occurred at midmight on 20.6.2009 at about 0030 hours, the FIR came to be recorded at 1445 hours on 20.6.2009 i.e. after about 14 hours. Under these circumtances, though accusations are serious in nature, possibility of conviction in such a case may be remote. Furthermore, no criminal antecedents are reported against the applicants. According to the applicants they were busy because of unfortunate suicide by Jaishri and her last rites and they are not concerned with the crime as alleged against them by the first informant. It is contended that Jaishri was the wife of Pravinkumar ( applicant no.1) and mother of applicant no.2- Yogesh; while FIR mentioned that Madhavji Soni and his son and brother of Jaishri Soni alleged to have assaulted deceased Sandip. Considering the vagueness in the allegations as also the probabilty of the accidental death of the deceased, the applicants are entitled for bail, subject to certain conditions imposed against them. Hence this order : The applicants be released on bail in respect of Crime No.277/2009 registered at Bhandara Police Station, Tq & Dist. Bhandara, for offence punishable under section 302 read with section 34 of the Indian Penal Code, upon executing PR bond in the sum of Rs. 30,000/- each, with one or more sureties in the equal amount, provided further that they shall attend the trial on each date of hearing; shall not misuse their liberty in any manner and shall not commit any crime while on bail. The applicants 3 shall not tamper with the prosecution witness or witnesses connected with the case and shall inform their fixed address/ change in address with telephone / cellphone number , if any, to the Investigating Officer. Application stands disposed of. Humdast granted. JUDGE. sahare