sg 1 BA1424_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1424 OF 2011 Imran Bashir Khan ... Applicant Versus The State of Maharashtra ... Respondent Shri Jayesh B. Kocheta, Advocate for Applicant. Shri R.V. Newton, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 22nd NOVEMBER, 2011 P. C. : The applicant, who is accused No.5 in Crime No.508/2010 registered with Bhosari Police Station, Pune u/ss. 302, 397, 201 r/w 34 IPC, seeks to be released on bail. 2. Investigation has been completed and the charge-sheet is filed by police. As per the charge-sheet, accused No.1, who is a juvenile, and accused Nos. 2 to 4 conspired to rob one Rama Shankar Tiwari. Said Rama Shankar Tiwari and accused No.1 Anil were travelling by a scooter. Rama Shankar Tiwari was having amount of Rs.10 lac. Accused 2 to 4, with the help of accused No.1 stopped Rama Shankar Tiwari and after railway line was crossed, accused No.3 Johny Domnic Fernandes strangulated said Rama Shankar Tiwari with a lace; while accused No.4 Alam Yusuf Shaikh assaulted on his head, face and neck with a chopper. Accused Nos. 1 and 2 caused injuries on his head. Thus Rama Tiwari was killed. To destroy the evidence of murder, accused nos. 1 to 4 threw away the dead body in Pawna River. Later on, the accused No.5 Imran Bashir came there and he allegedly helped accused Nos.1 sg 2 BA1424_11 to 4 in changing the clothes and disposing of their blood stained clothes. It is alleged that he also got share in the amount of Rs.10 lac which was robbed by accused nos.1 to 4. 3. From the charge-sheet it is clear that the present applicant was not involved either in the robbery or in the murder. He only helped accused Nos. 1 to 4 in destroying certain evidence i.e. their blood stained clothes after the offence of murder and robbery was completed. Thus, the charge against the present applicant is only u/s 201 IPC, which is bailable. 4. Therefore, the applicant be released on his executing P.R. of Rs. 15,000/- with a surety in like amount on condition that he shall not tamper with prosecution evidence and shall also report at Police Station Bhosari on First Monday of every month till decision of the case. (J. H. BHATIA, J)