{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2071 OF 2010 Mohd Hafiz s/o Mohd. Naser Pathan, Age-28 years, Occ-Business R/o Pirburhannagar, Dist-Nanded (Presently in jail) APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.H.Kapadia h/f Mr.H.F.Pawar, Advocate for the applicant Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 18th June 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.309/2009 registered with Bhagya Nagar Police Station, Nanded for an offence punishable u/s 143 to 149, 302, 542, 323 of the Indian Penal Code with sections 4 and 25 of the Arms Act, as the applicant is arrested on 21st January 2010 and since then he is in jail. {2} 2. It is informed that after completion of the investigation charge sheet has been filed on 20.04.2010 and after passing the committal order the trial is committed to the Court of Sessions, Nanded and numbered as Sessions Case No.78/2010. 3. Heard learned counsel for the applicant followed by learned APP. 4. It appears that the said incident occurred in the night between 1st November 2009 and 2nd November 2009 at about 00.34 hours. It is alleged that one Ashok Komar forcibly entered into the house of the complainant along with some 4/5 unknown persons and assaulted the mother of the complainant with deadly weapons over the dispute of fetching water from tap. It is further alleged that Sairabee, mother of the complainant sustained four grievous injuries and was taken to the Civil Hospital, Nanded where she expired in the midnight and hence at 4.00 a.m. on 02.11.2009 the said offence came to be registered against said Ashok Komar and some unknown persons. 5. Perusal of the papers of investigation indicates that at the time of alleged incident all the relatives of the deceased, who were 10/12 in number, were present at the spot. However, after the arrest of the applicant, he is not introduced in TI parade for identification, as the said offence is registered against unknown persons. Undisputedly, since the arrest of the applicant till filing of {3} the charge sheet, nothing incriminating is recovered at the instance of the applicant. It appears that immediately after the arrest of the applicant, statements of two ladies, Gangasagar and Padmini came to be recorded, who identified the applicant and implicated him in this offence. Perusal of the papers further disclose that the presence of these two ladies is not disclosed in the statements of the inmates of the house. Even there is no reference of these two ladies in the complaint, which is lodged within hours after the incident. According to learned APP these witnesses were called by the decease herself. However, one cannot be oblivious of the fact that the alleged incident has occurred in the midnight and why these ladies were present there or why they were called in odd hours of night is not reflected in the statements of the witnesses. In absence of purpose for which the said ladies were invited, though it cannot be said that these are got up witnesses, yet there is reason to believe that their statements or presence does not appear to be natural at the time of incident. In the premise, as other than the statements of these two witnesses, there is no incriminating evidence against the applicant and as the investigation is over, case is made out to enlarge the applicant on bail, however by imposing certain conditions. 6. In the result, the application is allowed. The applicant be released on bail in connection with CR No.309/2009 registered with Bhagya Nagar Police Station, Nanded on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like {4} amount. The applicant is directed not to leave the local jurisdiction of the concerned police station till the disposal of the Sessions Trial. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2071-10