1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.117/2011 (Ramu Tulsiram Yelekar .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. RS/CR Thakur, Advocate for applicant, Mr. J.B. Jaiswal, APP for non-applicant. .......... CORAM : P.D. KODE, J. DATED : MARCH 14, 2011 Heard. By the present application, accused no.2 charge sheeted by Deolapar Police Station, Distt. Nagpur as a result of investigation of Crime No.33/2010 for offence under Section 302 r/w 34 of the Indian Penal Code, has prayed for bail. The registration of the said crime has emanated out of Murg No.11/2010 registered on 12.8.2010 upon one Laxmikant Chaukse reporting lying of dead body of woman near Chorbawali Shivar. In the meanwhile, one Komal Purkam was searching for his mother Nita, who had left for attending Bachat Gat Meeting at Mansar on 11.8.2010 at 7.00 am and had not returned and his sister Sumitra at Mansar had informed that their mother, after attending the said meeting, had 2 returned. After the corpse found near Chorbawali was identified by said Komal of being of his mother, he had lodged first information report upon suspicion against accused no.1 for having committed the murder of his mother. In short, it is the crux of the prosecution case that said accused no.1 Suresh @ Tulshiram Meshram was having love affair with sister of the first informant i.e. Sangeeta. The said affair was opposed by the mother of the first informant. The first information report amongst other reveals of the same being lodged upon suspicion by the first informant of accused no.1 having murdered his mother. Amongst other it also reveals that one Neelabai having seen deceased lastly alive in the company of accused no.1 on 11.8.2010 at about 10.00 am after the meeting at Mansar was over. The learned APP has opposed the prayer for bail made by the applicant on the ground of saree carried by the deceased along with her was seized by the police as a sequel to statement leading to the discovery of the same made by the applicant. It is urged that the said circumstance is having serious potential of linking the applicant with the crime occurred. The perusal of the material in the charge sheet reveals that hardly any cogent material has been collected during the investigation for prosecution prima facie establishing the saree recovered at the behest of the applicant being the one which was carried by the deceased. In view of the same, the prayer for bail deserves consideration. However, considering the 3 nature of the evidence and the facts of crime, it will be necessary to seek heavy bail and impose appropriate conditions to ensure the presence of the applicant at the trial. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.50,000/- with one surety in the like amount and subject to the conditions that the applicant - (i) shall attend the I.O. of Deolapar Police Station in between 11.00 am and 2.00 pm on every Monday until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande