IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2877 of 2009 Amol, Jitendra and Yogesh v. The State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr N.S. Khandewale, Adv for applicants Mr D.P. Thakare, APP for State Coram: A.P. Bhangale, J Dated : 31st August 2009 1. Applicants are seeking bail in Crime No. 72/2009 registered with Police Station, Shegaon under Section 302 read with Section 34 of the Indian Penal Code. 2. Learned counsel for applicants contends that applicants have been arrested merely on suspicion. They have also undergone PCR for four days and during that period, nothing incriminating was recovered from them so as to believe their involvement in serious offence, as alleged by prosecution. It is also contended that while deciding bail application of co- accused Sau Lata, it is observed by the Additional Sessions Judge, Khamgaon that FIR indicated that at the time of incident in marriage, Shyam was alive. However, further investigation revealed that he was already dead prior to the incident that took place in the marriage. Learned counsel for applicants contended that in view of glaring defect in the FIR, these applicants should also be released on bail. 3. Learned Additional Public Prosecutor made reference to swtatement of Vinod, brother of deceased recorded under Section 161 Cr.P.C. that on enquiries he came to know that certain persons including these applicants had conspired to kidnap his brother, caused his death and then brought the dead body on railway track. Learned APP prayed for dismissal of application. 4. It appears that during the course of investigation, police have recorded statement of Syed Sadique under Section 161 Cr.P.C. Said Sadique was driver on goods train and he has stated that one young boy was seen by him suddenly crossing railway line at the relevant time and was dashed by engine of goods train which was driven by him. That being so, benefit of bail ought to be granted to the applicants as the chances of their conviction appear to be remote. Hence the following order. 5. Each of the applicants be released on bail in Crime No. 72/2009 registered with Police Station, Shegaon under Section 302 read with Section 34 of the Indian Penal Code upon their executing PR Bond in the sum of Rs. 25,000/- and one or more sureties in the like amount. Applicants shall attend Investigating Officer as and when called till charge- sheet is filed and thereafter shall attend trial regularly. They will not commit any offence while on bail and shall inform their permanent address with phone/cell number, if any, to the Investigating Officer and shall communicate change therein in future. Application stands disposed of accordingly. Judge. hsj