( 1 ) cria5207.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5207 OF 2010 1. Vishwanath s/o. Narayan Wagh .. Applicants Age. 35 years, Occ. Agri., 2. Pandharinath s/o. Narayan Wagh Age. 55 years, Occ. Agri., Both residents of Gondegaon, Tal. & Dist. Jalna. Versus The State of Maharashtra .. Respondent Mr. H.S. Bali, Advocate for the applicants. Mr. D.V. Tele, A.P.P. for the respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 21.12.2010 P.C. :- 1. This is an application for bail. 2. The applicants are arrested in connection with Crime No. 290 of 2008. ( 2 ) cria5207.10 3. Having heard the learned advocate for the applicants and learned A.P.P. and on consideration of the relevant F.I.R. and other investigation papers, it emerges that the applicants came to be arrested on suspicion because they were having property dispute with the deceased and his family members. It was revealed during the course of the investigation that deceased Kailas was having illicit relations with Vandana i.e. daughter of Punjaram and therefore he was way-laid in the relevant evening while he had been deputed to deliver meals to the agricultural servant. The deceased did not return home till next morning and therefore his father contacted the deceased on cell phone. However, the cell phone was switched off and he could not contact his son. After hectic search the dead body was not found. The father of the deceased thereafter filed Habeas Corpus petition in this Court. It appears that subsequently the police recovered dead body from the agricultural land bearing Gat No. 161, where it was buried. The dead body was located at the behest of the main accused i.e. Punjaram. Thus, his statement was recorded under section 27 of the Evidence Act. ( 3 ) cria5207.10 4. The investigation papers reveal that the present applicants were not directly concerned with the alleged crime of assault mounted on the deceased in the relevant evening after he was taken to the agricultural land Gat No. 161. 5. Taking overall view of the matter, the applicants deserve liberty, in as much as they are concerned with the alleged crime, rather remotely. The application is, therefore, allowed. The applicants are directed to be released on furnishing of bail bonds in sum of Rs. 20,000/- (Rupees Twenty Thousand Only), each with solvent surety bonds in like sum to the satisfaction of the Court of Sessions and on condition that they shall not contact the prosecution witnesses or shall make no attempt to tamper with the prosecution evidence. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cria5207.10