{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2496 OF 2010 Sanjay Lahanu Warpe and others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhav, Advocate for the applicants Mr. S.G.Nandedkar, APP for respondent State Mr. D.M.Pardeshi, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 15th July 2010 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.33/2010 registered with Sangamer city police station, Dist-Ahmednagar, as they are in jail since 24.05.2010. 2. Heard learned counsel for the applicants followed by learned APP and learned counsel for original complainant. 3. It appears that initially, on 20.02.2010, as a report was {2} received by the police that a dead body of unknown person was found with a motor bike, an ADR No.14/2010 was registered. Pursuant to the ADR, investigation proceeded and statements of certain witnesses were recorded. On the basis of the statements of the witnesses CR No.33/2010 came to be registered against 3 persons. It appears that within mean time, complaint was also lodged by the wife of the deceased after she identified the dead body. On the basis of the complaint by the wife of the deceased, section 302 r/w 201 of the Indian Penal Code came to be added. 4. Heard marathon submissions of learned counsel for the parties. It appears that during the investigation statements of 4 witnesses are recorded, who have stated that they have seen the applicants in the company of the deceased before his death. It is to be noted that during the investigation it is revealed that in the evening the deceased had left his house to deliver milk in a dairy. It appears that statement of office bearer of the said dairy is recorded during the investigation. Certain facts require consideration, as the entire case of the prosecution is based on circumstances and though it has transpired during the investigation that milk was delivered by the deceased in the dairy and at that time two of the applicants were present with the deceased yet the article in which the milk was brought by the deceased has not come on record nor any explanation is offered as to what has happed with the said article. Much ado is made about finding of two liquor bottles in the dickey of the motor cycle of the deceased. Learned counsel for {3} original complainant has urged that the said bottles were planted in the dickey. However, the entire investigation is silent on this point. Since for more than 40 days the applicants are in jail, however, nothing is recovered at their instance other than the statement of four witnesses, who have allegedly seen the present applicants in the company of the deceased before his death and suspension of earlier dispute with the applicants. To this extent, when the investigation is practically over, then it is not necessary to detain the applicants behind the bars till filing of the charge sheet or thereafter. 5. Consequently, the application is allowed. All the applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount, if not required in any other offence. After releasing on bail, the applicants to attend the concerned police station on every Monday between 11.00 a.m. and 2.00 p.m. till filing of the Charge sheet. The applicants are at liberty to apply for relaxation of this condition after filing of the charge sheet. [A.V.POTDAR, J.] drp/B10/criapln2496-10