1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1702 OF 2010 Husain S/o.Mohammad Shaikh, Age-30 years, Occu-Labourer, R/o.Nandgaon, Tq. and Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.U.S.Malte, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 09/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.19/2010, registered in MIDC Police Station, Ahmednagar for the offence punishable u/s. 302, 201, r/w. 34 of IPC, and certain sections of the Atrocity Act, in which the applicant came to be arrested on 09/02/2010. In the said offence, after completion of investigation, charge sheet was filed in the Court of J.M.F.C. Ahmednagar on 30/04/2010. 2. Heard learned counsel for applicant, and learned APP 2 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 Police Head Constable Laxman Pandharinath Mote, B.C.No.900, attached to the MIDC Police Station, Ahmednagar on 09/02/2010, about the incident took place in the night of 26/10/2009 at Jaivijay Dhaba, situated at Nandgaon, which discloses that at around 8.30 p.m. Dilip Barde, the deceased was brought on the allegation that he has committed theft of bi-cycle. On query, he denied the allegations lavelled against him and at that time, alteration of words took place between the deceased Dilip and one Liyakat Shaikh. At that time, the blow was given on his head by Liyakat, due to which the said Dilip fall on ground, became un- concious, and later on succumbed to death. The dead body was disposed of with the help of present applicant and others. Statement of witnesses, who were working in the said hotel are on the same line that the injury was caused to the deceased because of the blow given by Liyakat Shaikh and the present applicant assisted the applicant in disposing the dead body. From these allegations/material collected during the investigation, the offence attributed about the act committed by the present applicant is covered u/s. 201 of The IPC, which is not punishable with death or life imprisonment. In the premise, as now the investigation is over and charge sheet is filed, the applicant is entitled for bail. hence order : O R D E R 1. Application is allowed. 3 2. Applicant be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to leave the local jurisdiction of MIDC, Ahmednagar Police Station without prior permission in writing from the concerned Investigation Officer. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1702-10