1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.650 OF 2010 1. Samiulla Khan Jamirulla Khan, Age-39 years, Occu-Business, R/o.Islampura, Amalner, Tq.Amalner, Dist.Jalgaon 2. Matiulla Khan Jamirulla Khan, Age-36 years, Occu-Business, R/o.Azad Nagar, Near Asif Floor Mill, Dhule Tq. And Dist. Dhule APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.C.R.Deshpande, learned counsel for applicants. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 24/02/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 160/2009, registered in Amalner Police Station of Dist. Jalgaon, where applicant no.1 was arrested on 24/09/2009 and applicant no. 2 was arrested on 25/09/2009 and since then they are in custody. It is informed that after completion of investigation, charge sheet was 2 filed on 17/12/2009 in the Court of J.M.F.C. Amalner and numbered as RCC No.337/2009. It appears that the trial is yet to be committed to Court of Sessions. 2. Heard learned counsel for applicants followed by the submissions of learned APP appearing for State. Also perused the papers of investigation. 3. Papers of investigation discloses that the said offence came to be registered on the complaint of one Mohammad Azhar Khan Pathan dated 23/09/2009, wherein it is alleged that on 22/09/2009, his brother Abrar Abbas Khan Pathan left the house, but did not return. On the next day morning, when the complainant was searching for his brother, at about 7.00 p.m. he came in contact with one Hazi Mohammad Khan to whom he informed about missing of his brother Abrar and at that time, it was informed that one dead body was found lying in the nearby vicinity. When the complainant reached there, he noticed the dead body of his brother and he had sustained cut injury on his neck. The offence initially came to be registered against unknown persons. It appears that statement of the relatives of complainant were recorded immediately and their supplementary statements were recorded a week thereafter. These supplementary statements discloses that there is love affair between the daughter of first applicant with deceased Abrar, but when statement of daughter of first applicant was recorded during the investigation, it did not support the same. Whatever it may be. It further appears that on 3 23/09/2009, again, the spot where dead body was found was inspected by the police and noticed one saw and one upper portion of the grinding stone locally known as warwanta. With the help of dog squad, smell of all these articles found on the spot was given to the sniffle dog and the said dog took the squad to the house of one Yakub, where some clothes were found kept for drying, which were of these applicants as per the statement of Yakub. 4. In the light of this evidence collected during the investigation, it is urged that the case rests on circumstances as there is no direct evidence against these applicants. Even though the lower portion of grinding stone was found at the instance first applicant, the post mortem notes shows the probable cause of death as well as the injuries found on the person of deceased, were due to sharp cutting instrument. It is brought to the notice of this Court that during the investigation, the saw which was found at the spot, the Yakub , after his arrest, was confronted with the shop keeper, who identified as the saw was purchased from his shop by said Yakub. The fact remains that the case against these applicants rests on circumstances and the only circumstance is the suspect of relatives of the deceased on the alleged love affair of daughter of first applicant with deceased, which is also not supported by the independent witnesses. As now the investigation is over, in view of these circumstances, a case is made out to enlarge the applicants on bail on certain conditions, as it is informed to me that prosecution may likely to apply for brain mapping. In view of this, following is the order. 4 O R D E R 1. Application is allowed. 2. Both the applicants be released on bail on furnishing surety in the sum of Rs.15,000/-each and on executing the PR bond in the like amount. 3. The applicants to face the test of brain mapping, if applied by the prosecution. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.650-10