1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. APPLICATION (BA) NO.282 OF 2011. (HASAN KHAN SARDAR KHA..VS.. STATE OF MAH. THR. PSO, P.S. FREZARPURA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : M.L.TAHALIYANI, J. DATE : MAY 20, 2011. Heard Mr. R.M. Daga, learned counsel for the Applicant and Mr. M.A.Kadu, learned Additional Public Prosecutor for the respondent. Perused the reply filed by the State. The applicant is alleged to be one of the conspirators in the alleged conspiracy to kill deceased Abdul Munaf. Motive behind the crime was that deceased Abdul Munaf was not vacating the premises of which the applicant was landlord. It is alleged that the applicant along with his two other relatives who are stated to be accused Nos. 2 and 3 had entered into the conspiracy to eliminate the deceased. Accused Nos. 4 and 5 were engaged on payment to kill the deceased. After the arrest of accused Nos. 4 and 5 the Investigating Officer, during the course of investigation and interrogation of accused Nos. 4 and 5 had come to the conclusion that the mastermind of the crime was the applicant. 2 However, from the reply submitted by the State and submissions made by the learned Additional Public Prosecutor it appears that there is no material to support that the applicant was mastermind of the crime. The State affidavit is mainly banking upon the alleged confession made by accused Nos. 4 and 5 involving the applicant. Needless to state that the said confession made before the police is not admissible in evidence. As such there is no sufficient material to detain the applicant in the custody. Case is made out for grant of bail. Hence, the applicant be released on bail in the sum of Rs.Twenty Five Thousand with one solvent surety in the like amount or two sureties of Rs.12,500/- each in lieu of one surety of Rs.Twenty Five Thousand. The applicant shall not leave the jurisdiction of Amravati Sessions Court without prior permission of the trial Court. The application, accordingly, stands disposed of. JUDGE RR..