1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2307 of 2010 (Raju Pralhad Kondekar Vs. State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.S.G.Jadhavar, Advocate for the applicant. Mr.K.S.Patil, APP for the respondent. ... CORAM: A.V.POTDAR, J. DATE:14-7-2010 P.C.:- 1. By the present application, the applicants have approached this Court for their release on bail in connection with Crime No. No.173/2009 registered in Vasmat Police Station, district Hingoli in which the applicant came to be arrested on the spot on 14th Oct., 2009, in which after completion of investigation chargesheet was filed on 31st Dec.,2010. In the Court of Judicial Magistrate, First Class, Basmathnagar, the case was numbered as RCC No. 11/2010. The parties are unable to make it clear as to whether 2 committal order was passed in the said case or not. 2. Heard Counsel for the applicant and learned A.P.P. for the respondent State. Also perused the papers of investigation with the assistance of both the sides. Perusal of post mortem notes clearly establish and it cannot be disputed that the death of deceased Mohan is a homicidal death as the death was caused due to multiple injuries sustained by the deceased. As per the story narrated - that the deceased and two others were arrested in connection with murder of one Sanjay Pralhad Kondekar soon before the alleged incident took place in the midst of Oct.,2009, and they were released on bail. In the evening of 14th Oct.,2010, around 7.30 p.m. the deceased left the house with one of his friend as his friend had come to call him. Around 7.30 p.m. message was received at the residence of complainant Narayan, the father of 3 the victim, from one Daulat Dhamne that some persons have assaulted the deceased and the deceased is taken to the Civil Hospital. When the complainant, along with his family members, went to Civil Hospital, they noticed that Mohan is dead and had sustained stab injuries on his stomach and neck and due to blood loss Mohan succumbed to death. 3. Papers of investigation further disclose that the applicant was apprehended on the spot while he was running away from the place of the incident by three Police Constables. The clothes found on the person of the applicant were found smeared with blood. When it is questioned to learned A.P.P. - whether the applicant has sustained any injuries, to which, it was informed from the record available before this Court that, the applicant has sustained seven bleeding injuries and clothes on on his person were having blood stains. No doubt, Chemical 4 Analyzer's report about blood group of the blood found on the person and clothes of the victim is yet to be received but, as the applicant has sustained seven bleeding injuries, which were recent injuries, then the blood on the clothes on his person cannot be ruled out. May be it is his own blood. At the same time, all the assailants sustained bleeding injuries. Papers of investigation do not make the facts further clear but if the applicant and other assailants have also sustained bleeding injuries, possibility cannot be ruled out that there was fight between the applicant, deceased and others and during that scuffle, these injuries might have been sustained by the applicant and other assailants. If it is so and inspite of the statement of one of the eye witness disclosed that he can identify the culprits, who have given stab blow on the person of the deceased but, the applicant was not introduced in the identification parade and now the 5 investigation is over. The applicant is behind the bars for more than eight months. There shall not be any possibility of tampering of prosecution evidence as there are counter cases pending against the brother of the deceased as well as the family members of the present applicant. There are also no chances of threatening the prosecution witnesses. In view of this application succeeds with the following order: ORDER 1. Application is allowed. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount. The applicant not to leave the local jurisdiction of Vasmath Police Station without previous permission in writing from the concerned Criminal Court. 6 Application (No.2307/2010) stands disposed of. (A.V.POTDAR ) JUDGE agp/2307-10crapl