1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 359 OF 2011 IN CRIMINAL APPEAL NO. 170 OF 2011. (GANGADHAR GOVINDRAO NINAVE & 2 OTH...VS..STATE OF MAHARASHTRA & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.K. Choube, Advocate for Applicants. Mrs. B.P. Maldhure, A.P.P. for Respondents/ State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : JULY 19, 2011. Heard learned counsel for the parties. The applicants are appellant Nos. 2 and 3 in Criminal Appeal No.170 of 2011. The said Criminal Appeal impugns the judgment and order of the Additional Sessions Judge, Wardha in Sessions Case No. 176 of 2009. The applicants have been convicted for the offence punishable under Section 120-B for having conspired with other accused to commit murder of deceased Archana. The applicants have also been convicted of the offence punishable under Section 302 r/w 34 of the Indian Penal Code. The applicant / appellant No.2 Sau.Suman has also been convicted of the offence punishable under Section 498-A r/w 34 of the Indian Penal Code. The applicant/ appellant Nos. 2 and 3 have further been convicted of the offence punishable under Section 201 r/w 34 of the Indian Penal Code. Deceased Archana was wife of accused Gangadhar Ninave. It is alleged that the appellants and other accused had entered into conspiracy to commit murder of the deceased as they believed that Archana was responsible for death of her brother in 2 law Damodhar. The appellants and other accused suspected that the deceased Archana was practicing black magic. She was, therefore, kept away in a shed in the field of the applicants and other accused. As far as the incident in question is concerned it is alleged that in pursuance of the alleged conspiracy and in furtherance of common object of the applicants and other accused the deceased was killed and her dead body was thrown in a well. The evidence, on which the conviction of the applicants is based, is very feeble and fragile. As far as accused Gangadhar is concerned he has been convicted on the basis of evidence of witnesses who had proved recovery of dead body on the basis of statement made by accused No.1 Gangadhar while he was in police custody. We have gone through the entire evidence. As already stated the evidence against the present applicants is of very fragile nature and it is highly doubtful whether on the basis of such evidence the applicants could be convicted for the offence of murder and causing disappearance of the evidence. There are only two witnesses who have deposed that the applicants were seen along with accused No.1 and other accused near the field where deceased Archana was kept separately for a few days before the date of her death. We are not sure whether on the basis of the said evidence the conviction could have been arrived at. The field where the applicants were seen along with other accused belongs to the family of the applicants and other accused. The only adverse circumstance is that they were seen at odd hours of the night i.e. around 11.30 p.m. However, it has also come in the evidence that some of the field owners visit their fields to start motor pump as electricity was available only in night due to load shedding. 3 In any event, that piece of evidence by itself may not be sufficient to convict the applicants. It, therefore, can be said that the applicants have got a very strong arguable case at the time of final hearing of the appeal. This being view of the Court, it follows that the applicants are entitled for bail. Hence, we pass following order. The applicants be released on bail in the sum of Rs.Twenty Thousand each with one solvent surety in the like amount or two sureties of Rs.Ten Thousand each for each of the applicant. They shall attend Seloo Police Station once in a fortnight until further orders of this Court. The application stands disposed of accordingly. JUDGE JUDGE RR..