1 Cri.A.2518.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2518 OF 2011 Yogesh S/o Vishwas Patil, R/o Tekwade, Tq. Chalisgaon, District Jalgaon. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri. S.S.Patil,Advocate for Applicant. Shri.B.J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 13TH JULY, 2011. PER COURT : 1. This application is filed for bail, in Crime No. 166 of 2010, registered with Mehunbare Police Station, Tq. Chalisgaon, District Jalgaon, for the offences punishable under sections 302, 201 read with 34 of the Indian Penal Code. Papers of investigation were made available by the APP. It was submitted that charge-sheet is filed. Both sides are heard. 2. The crime is registered on the basis of report given by mother of the deceased-Sachin. Present applicant is nephew of the complainant. In the 2 Cri.A.2518.11 report given on 05.12.2010, it is contended that on 14.10.2010 at about 6.00 p .m present applicant and Sachin had left village on motorcycle of Sachin and after that she has not seen Sachin alive. She has contended that on 15.10.2010 she made enquiry with present applicant, but the applicant informed that Sachin had gone to village Bahal for “Tamasha”. On enquiry it was transpired that there was no such programme at village Bahal, on that day. Search was made to trace out Sachin, but he had not visited the place of any relatives. On 23.10.2010 missing report came to be lodged with Police Station and in the missing report it was informed that on 14.10.2010 Sachin had left the house at 11.00 a. m. with present applicant and since then he was missing. Present applicant informed to the complainant on 17.10.2010 that the motorcycle of Sachin was seen by him at Railway Station and motorcycle was brought to home. Complainant then started taking suspicion against applicant, as applicant wanted to cultivate the land of Bhimrao Patil and Sachin was against giving the said land to present applicant for cultivation. On 05.12.2010, complainant saw that present applicant was throwing leaves and garbage in their dilapidated well. As she suspected this act of the applicant, she took steps for taking search in the well and then skeleton came to be recovered. The clothes on the skeleton were of Sachin and complainant gave report that present applicant might have murdered Sachin. 3 Cri.A.2518.11 3. Post-mortem report shows that Doctor could not give definite opinion regarding cause of death of the deceased, as the body of the deceased was in highly decomposed condition. Sachin was missing since 14.10.2010 and post mortem was conducted on 05.12.2010, even clothes on the skeleton were in decomposed condition. 4. APP submitted that there is evidence against the applicant like last seen together, giving of false information by the present applicant to the mother of the deceased in respect of whereabouts of Sachin, giving information of lying of motorcycle of deceased at railway station, recovery of handmade pistol with shell of bullet at the instance of present applicant and circumstance like motive for the offence and circumstance like conduct of the accused of throwing garbage and etc. in the well where dead body was lying. 5. Applicant is behind bar since 8th December, 2010. Charge-sheet is filed, but there is no definite opinion in respect of cause of death. One handkerchief was found at the neck of skeleton, but only on the basis of that circumstance, due to contents of P.M. report it may not become possible to infer that it was death due to strangulation. 4 Cri.A.2518.11 6. Aforesaid circumstances are there against the applicant but fact remains that till today State is not in position to say anything about cause of death. APP submitted that confession given to police by present applicant and his associates is recorded by doing Video Shooting. This material is in the form of panchnama in the charge-sheet. The applicant is behind bar for many months, and so subject to some conditions he can be granted bail. So, the application is allowed. (i) The applicant in crime No. 166 of 2010, registered with Mehunbare Police Station, Tq. Chalisgaon, District Jalgaon, for the offences punishable under sections 302, 201 read with 34 of the Indian Penal Code be released on bail on his furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) on conditions that- (a) The applicant shall not tamper with the prosecution witnesses . (c) The applicant shall not enter the village Tekewade, Tahsil Chalisgaon, District Jalgaon, till disposal of the case against him. Sd/- [ T.V.NALAWADE, J.] MTK 5 Cri.A.2518.11