{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2207 OF 2010 Prabhu s/o Tejrao Shelke Age-30 years, Occ-Agril R/o Wadala, Tq-Sillod, Dist-Aurangabad APPLICANT VERSUS The State of Maharashtra ‘ Through police station, Sillod, (Rural), Dist-Aurangabad RESPONDENT ....... Mr. S.L.Bhapkar, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 1st July 2010 PER COURT: 1. By this criminal application, the applicant has prayed to release him on bail in connection with CR No.45/2010, registered with Sillod police station for an offence punishable u/s 302 of the Indian Penal Code, as the applicant is arrested on 10th April 2010 and since then he is in jail. It is informed that in this offence, after completion of the investigation, charge sheet has been filed before JMFC, Sillod. 2. As all the attempts of the applicant, to get himself released on bail before the lower court could not succeed, he is {2} before this Court. 3. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 4. It appears that initially, an ADR was recorded in respect of the demise of one Ambadas. Pursuant to the said ADR, after completing inquest and Post Mortem, the dead body was cremated. However, thereafter, on the complaint of the son of the deceased present offence came to be registered. Admittedly, the deceased has three sons, out of which two reside at Pune and one at Sillod. The applicant was taking care of the deceased. The applicant was cultivating a land, where the deceased was doing labour work. As the deceased was residing alone, the applicant used to take care of him. Papers of investigation disclose that on 9th April 2010, the deceased and applicant had attended a marriage ceremony in a nearby village. Thereafter, on their way, they consumed liquor and slept. In the morning the applicant notice dead body of the deceased and hence report was lodged. Subsequently, on the complaint of the son of the deceased, the applicant is arrayed as an accused and came to be arrested. 5. Report of the Post mortem of the deceased indicates that the death is caused due to cardio respiratory arrest due to auxpicia. Some marks of violence were also noticed on the neck of the deceased. Papers of investigation show that the deceased was {3} in a habit of consuming liquor and to take quarrel after consuming liquor. As the case of the prosecution rests on circumstances, other than the circumstance that the applicant was found in the company of the deceased soon before his death in the late night, there is nothing incriminating found against the applicant. Obviously, the applicant was care taker of the deceased and this fact cannot be overlooked. Admittedly, there are no criminal antecedents or quarrel or inimical relations between the applicant and the deceased. If these facts are taken into consideration, then mere circumstance that the applicant and the deceased were last seen together, is not sufficient to keep the applicant behind the bar for uncertain period till the trial against him is over. Therefore, considering the peculiar facts of the case, the applicant deserves to be enlarged on bail. 6. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. Applicant is directed not to leave the local jurisdiction of Sillod police station without previous permission in writing from the concerned criminal court or the IO. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2207-10