1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4428 OF 2009 Sudam S/o.Hiraman Gavhane, Age-40 years, Occu-Agriculturist, R/o.Sonewadi, Tq.Nagar, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Smt.S.S.Jadhav, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 20/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on regular bail in connection with CR No.160/09, registered in Nagar Taluka Police Station for the alleged offence u/s. 302, 201 r/w. 34 of IPC. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation till carried out. 3. The present applicant came to be arrested in connection with the said offence on 27/10/2009 and since is in custody. The said offence came to be registered in Nagar Taluka Police Station on the complaint of one Prakash Pandharinath Rajput, the constable attached to Kotwali Police 2 Station. Perusal of the complaint as well as the statement of witnesses recorded during the investigation discloses that the dead body pointed out by one Waykar Mama and one Dwarkabai Tatyaram Pawar was disposed of by the present applicant with the help of other 3 persons. It appears from the papers of investigation that the alleged dead body was thrown in the canal by the present applicant with the assistance of others on 19/09/2009 of which post mortem was conducted on 30/09/2009. Coloumn no.12 of the post mortem notes shows that there are no signs of de-composition on the dead body on which autopsy was conducted, which is beyond any stretch of imagination. Apart from it, even if the entire investigation which is carried out till date, if accepted as it is, even then no offence is made out u/s. 302 of The IPC against the present applicant. At the most, the act committed by the present applicant will attribute to an offence punishable u/s. 201 of IPC. If it is so, considering the period for which the applicant is already in custody, case is made out to enlarge the applicant on bail. In the premise, application deserves following order : O R D E R 1. Application is allowed. 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. Applicant to attend the Nagar Taluka Police Station, Dist. Ahmednagar in case required in written requisition by the concerned Investigation Officer. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4428-09 3