1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1821 OF 2011 Manjunath Parashram Gavali ..Applicant. v/s. The State of Maharashtra ..Respondent. Mr. Anand S. Patil, adv. for the Applicant. Smt. R.V.Newton, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 20th December, 2011 PC : 1 The applicant seeks to be released on bail in crime no.38 of 2011 registered with Chandgad police station, Dist: Kolhapur for the offences punishable under Section 302 IPC. 2 As per the F.I.R. lodged by one Laxman Bhambar working in Datta Guru Petrol Pump at Nagan Wadi Phata, on 28.6.2011 at about 1.30 p.m., the deceased Majjid Jamadar, resident of Gadhinglaj had come to petrol pump on his motorcycle for filling petrol. When the first informant Laxman was about to fill petrol from the pipe, one person, who was stout and blackish wearing black jacket, came by Hero Honda Passion motor- cycle bearing no. MH-09 AR 13, which was black coloured with golden stripes. The said person abruptly came and began to assault Majjid 2 Jamadar with iron rod called tommy. Majjid Jamadar tried to defend himself but in vain. The assailant gave number of blows on his head due to which Majjid collapsed and died. The assailant escaped on his motor cycle. The similar statement was made by some other eye witness. None of them was knowing the assailant. However, their statements revealed that the deceased was calling the assailant as ‘Manjya’. P.M. Report reveals that the deceased had suffered number of injuries including multiple fractures of skull bone. 3 Hero Honda Passion Motor cycle bearing no. MH-09-AR-13 by which the assailant, had come to the spot was found abandoned within the limits of village Chirmuri, by the side of Belgaum-Vengurla road and that motor-cycle was seized. The present applicant was arrested and it is alleged that his T shirt and jeans pant having some blood stains were seized. The learned counsel for the applicant pointed out that even though the assailant was not known to the eye witnesses and the present applicant was arrested on 2.7.2011 and even though after investigation, charge-sheet has been filed, no test identification parade was held to verify whether the present applicant was the assailant. C.A.Report is not available. The Investigating Officer did not make any attempt to collect the documents from R.T.O. Office pertaining to the motor-cycle to show that the said motor-cycle belongs to the present applicant. These facts reveal that the I.O. did not 3 care to investigate the case properly. 4 In view of the above circumstances, applicant be released on his executing PR of Rs.25,000/- with surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA, J.)