Cri. Apln. No. 2180/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2180 OF 2011 Balaram s/o. Rajendra Kamte, R/o. Kandwa, Pune, Tq. & Dist. Pune. ....Applicant. Versus The State of Maharashtrta ....Respondent. Mr. S.P. Urgunde, Advocate for applicant. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 23rd June, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 206/2010 registered in Shivaji Nagar Police Station, Latur for offences under sections 302, 363, 406, 201, 34 etc. of the Indian Penal Code. Papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Shfiyoddin Patwekar, who is the owner of Tavera vehicle. He gives the vehicle on hire basis and deceased Yunus Rashid Sayyed was working as driver on this vehicle. He has contended that on 16.7.2010 the driver Cri. Apln. No. 2180/2011 2 informed that there was customer and the vehicle was to be taken to stations like Pune and Kolhapur. The son of the complainant Ashpak contacted the said customer on his mobile and he fixed the hire charges. He has contended that one Sumo driver Anwar saw two unknown persons in the vehicle of the complainant with the driver. After that the driver was not seen alive. On that night the driver was contacted on mobile phone and he informed that he was taking the persons to Pune and he was likely to return by next Monday. After that he could not contact the driver. The report came to be given about the missing of the driver and the vehicle on 21.7.2010. On the basis of one mobile number, police traced one accused Santram alias Santosh Sawant and he was taken in custody. During inquiry the names of other persons including the name of present applicant transpired. From Santosh information was collected and on the basis of information, the dead body of driver was also recovered. The vehicle also came to be recovered. The present applicant came to be arrested on the basis of information given by Santosh. At the relevant time he was in Yerwada Jail, Pune in another offence. The advocate submitted that he was kept there for offences under sections 307, 394 etc. of IPC, but in that offence also he is granted bail. 3. The papers of investigation show that the evidence is mainly against Santosh Sawant and that is in the form of discovery of dead body Cri. Apln. No. 2180/2011 3 of driver of the vehicle under section 27 of the Evidence Act. In view of this circumstance, this Court holds that this is a fit case for granting bail. Record produced shows that bail is granted by Sessions Court to main accused Santaram alias Santosh Sawant. So subject to some conditions, bail can be granted to the present applicant. 4. So the application is allowed. The applicant Balaram Rajendra Kamate is to be released on bail in Cr. No.206/2010 registered with Shivaji Nagar Police Station, Latur for offences under sections 302, 363, 406, 201 etc. of IPC on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). The surety should be of Latur district and the surety should be to the satisfaction of the concerned Court. The applicant is not to tamper with the prosecution witnesses. He is to stay in Latur district and he is not to leave district Latur without permission of Sessions Court, Latur till the end of the Trial. [ T. V. NALAWADE, J.] ssc/criapln2180/11