MP 1 BA1816_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1816 OF 2011 Dnyaneshwar @ Pintu Vasant Jadhav ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Indrajeet Joshi, Advocate for the Applicant. Smt.R.V. Newton, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 8TH DECEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.57 of 2011 registered with Manmad City Police Station, District Nashik for the offences punishable under Sections 302, 201 r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, is that on 11.04.2011, at about 3.35 a.m., PSI C.K.Chaudhari and Police Head Constable Driver Digambar Patil were on patrolling duty. When they were patrolling on Yevla Road, they found that one black-yellow coloured Omni Van Taxi was coming from the kaccha road beyond the railway over bridge towards Yevla Road. On suspicion, the police officer stopped that van. In the van, there were three boys. When police asked them, one of the boys came out and initially he stated that their vehicles had stopped near railway track and that they had taken a mechanic to repair the van. However, that van was found damaged and the PSI became suspicious. In the light of torch, he also found that there were blood stains in the van. The boys' stated that one person was injured due to the dash to a truck and that person was taken to the hospital by the car. As per the FIR, the boys in the car disclosed their names as Vijay Ippar, Taruf Pathan and Dnyaneshwar @ Pintu Jadhav, who is the present applicant. The person, who came out of the vehicle, was Vijay. As per the F.I.R., taking benefit of darkness, Taruf and the present MP 2 BA1816_11 applicant Dnyaneshwar @ Pintu escaped. Later on, Vijay was taken into custody and he admitted that his friend Pappu used to tease his sister, and therefore, he and his friends had taken said Pappu to Fauji Dhaba where he was made to drink liquor. Thereafter, he was murdered and his dead body was thrown on the railway track. He took the police to the railway track where the dead body was found. 3. According to the prosecution, at Fauji Dhaba, certain witnesses had seen the culprits along with the deceased but they were not knowing the culprits by names. According to the prosecution, accused Vijay had confessed the commission of offence along with Taruf and Dnyaneshwar @ Pintu. The statement of Vijay is not of much help insofar as other accused are concerned as the statement of Taruf is inadmissible under Section 25 of the Evidence Act. The Investigating Officer did not arrange test identification parade for identification of the culprits by the witnesses who had seen them together with the deceased at Fauji Dhaba just prior to the murder. As per the F.I.R., PSI C.K.Chaudhari and Head Constable Digambar Patil also did not get an opportunity to see those boys as they had escaped in the dark. According to police, later on, those two boys surrendered before the police at the police station and were taken into custody. Neither the test identification parade was held for identification of the accused by PSI C.K.Chaudhari and Head Constable Digambar Patil nor the statements of those two police officers were recorded to confirm that the two boys, who surrendered before the police, were the same who had escaped. Admittedly, there is no recovery from the present applicant. 4. In view of the above, the applicant be released on his executing P.R. of Rs. 30,000/- with one or two sureties to make up the amount with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)