1 Cri.A.5210.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5210 OF 2011 1. Suresh S/o Eknath @ Kakasaheb Jadhav, Age 32 Years, Occup.Agril, 2. Dilip S/o Pandharinath Thombre, Age : 35 Years, Occup.: Agril., Both R/o Chinchodi Patil, Tq. & District Ahmednagar. ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENT. ... Smt.Sadhana S.Jadhav,Advocate holding for Shri.Satej S.Jadhav,Advocate for Applicants. Shri.B.V.Wagh, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 16.12.2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicants are arrested in Crime NO. 121 of 2011, registered with Nagar Taluka Police Station Ahmednagar, District Ahmednagar for the offence punishable under sections 302, 201, 143 and 147 of the Indian Penal Code. FIR is filed by 2 Cri.A.5210.11 Mr. Ashok Bapusaheb Late, the brother of the deceased by name Balasaheb Late. Manisha is wife of said Balasaheb Late. Manisha has rendered the statement that on the night of 27.06.2011, the deceased Balasaheb left house along with present applicants and another person by name Subhash Dilwale, and the said Balashaeb did not turn up till late in the night. Search was carried out to trace the said Balasaheb, however, said Balasaehb could not be traced. 3. A missing report came to be filed on 01.07.2011. Dead body of male was found on the railway track near Dehere village. That body was collected and on the basis of identity card and other papers found on the person of the dead body. Identity was fixed with the help of Manisha, other persons. Thereafter, the investigation was carried out and police have been able to record the statements of persons such as Navnath Baban Ghadge, Govinda Karbhari Hazare, who have stated that the deceased was found in the company of the 3 Cri.A.5210.11 present applicants, and one Dilwale till late night. According to these persons, the present applicants who were in the company of Dilwale had administered threats to Balasaheb that he would be dealt with because Balasaheb was disclosing the activities of the applicants to the police, and the applicants business was affected. 4. According to the witnesses, Balasaheb Late and others were in the hotel till late night i.e. till hotel was closed. 5. A statement of Mr. Bisram Meena Railway employee shows that driver of Maharashtra Express informed Mr. Popat Thokal that dead body was found on the railway track at about 00.50 hours near railway K.M. 372/1. This will go to show that dead body was lying on the track at or about night time after 12.00 midnight. 6. For the first time on 28.06.2011 post mortem 4 Cri.A.5210.11 was conducted and cause of death mentioned therein is death due to haemoragic shock due to polytrama injuries. The various injuries observed have been noted in post mortem report. The final cause of death is in consonance with the description of these injuries. In the course of investigation, the dead body of deceased Balasaheb was exhumed and second post mortem was conducted. In the second post mortem report detailed information is provided as regards external injuries as well as injuries found to the head and brain. Cause of death is reported as death due to head injury. 7. It was argued by the learned Advocate Mrs. Jadhav appearing for the applicants that even if word of the witnesses, who have stated that applicants were in the company of the deceased till late night in the Dhaba, is accepted. There is no material as regards movement of the deceased and the applicants together from Dhaba upto the railway track, where the dead body was found. 5 Cri.A.5210.11 8. Learned APP Mr. Wagh, appearing on behalf of the respondent-State, submitted that the distance between Dhaba, where the deceased and applicants were found together and railway track, is about 15 k.m.. With aforesaid record, the application for bail was argued. 9. According to the learned Advocate for the applicants, in absence of any material to show that from Dhaba upto railway track how the deceased moved whether alone or in the company of the applicants and co-accused the applicants cannot be linked with crime alleged. According to her, there is no material to show that the applicants and deceased were found together between the said Dhaba and railway track. He submitted that this will mean that present applicants cannot be linked with death of the deceased. 10. Learned APP appearing for the respondent- state submitted that material placed before the 6 Cri.A.5210.11 Court would show that the applicants and deceased were together in the company at Dhaba and the death of deceased took place within few hours thereafter. He submitted that this is a strong circumstance to reject the bail application. He, therefore, submitted that bail application be rejected. 11. Having considered the record, I am inclined to observe that only circumstance against the applicants is that they were in the company of the deceased at Dhaba. This circumstance is weak in nature and cannot be used against the present applicants to detain them for indefinite period. 12. For the reason mentioned above, I am inclined to grant application for bail. Hence, the following order is passed. (i) The application for bail is granted. (ii) It is hereby ordered that applicants be released on bail in 7 Cri.A.5210.11 connection with Crime NO. 121 of 2011, registered with Nagar Taluka Police Station Ahmednagar, District Ahmednagar, in the sum of Rs.20,000/- (Rupees Twenty Thousand). Each of the applicant to furnish one surety in the like amount. Each of the applicant shall execute P.R. bond of sum of Rs.20,000/-(RupeesTwenty Thousand). (iii) The applicants shall not enter limits of village Chinchodi Patil, Tq. and District Ahmednagar till the trial is over. (iv) The applicants shall report to the concerned Police Station on every Second Saturday of every month between 11.00 a.m. to 4.00 p.m. till evidence of material evidence is recorded. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 8 Cri.A.5210.11