1 Cri.A.1557.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1557 OF 2011 Kalidas Ujjain Shinde Age : 40 years, Occup.: Agril., R/o Bobadewadi, Tq. Kaij, District Beed. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri. S.S.Thombre,Advocate for Applicant. Shri.B,J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 21ST JUNE, 2011. PER COURT : 1. This application is filed for bail, in Crime No. 155 of 2010, registered with Kaij Police Station, District Beed, for the offence punishable under section 302 read with section 34 of the Indian Penal Code. 2. APP has made available the papers of investigation made by the Police. Submission is made by both the sides that charge sheet is already filed. Both sides are heard. 2 Cri.A.1557.11 3. A report is given by one Chandrakant Kamsar Pawar, who is son of the deceased. He has made allegation that due to politics of the village there was dispute between his family and the family of present applicant. He has also contended that threat was given to finish his father by the group of the present applicant. He has contended that he had last seen his father alive on 10.10.2010, when he and his father attended function in the family of his relative. Father had stayed back in the house of same relative for some time. Father did not return to home on that night. On next day morning, when he made enquiry with relatives, he realized that his father had left the house of relatives on previous day at 4.00 p.m. and his father was missing since then. The dead body of his father was found on 13.10.2010 i.e. after about three days. The dead body was found in decomposed condition. One hand and both eye balls of the dead body were missing. The report came to be given on 13.10.2010. 4. Papers of investigation show that, under section 27 of the Evidence Act, weapon like chopper came to be recovered from his house and blood stains are on the chopper. Today the copy of C.A. Report is produced to show that human blood is detected on the Chopper- Koyata. A query was made and APP was asked as to whether there is any other evidence, even of circumstantial nature, APP submitted that there are 3 Cri.A.1557.11 aforesaid circumstances against the present applicant. 5. Investigation is completed and there is only aforesaid circumstances against the present applicant. It is submitted that other two accused on same material was already released on bail. The case against the present applicant is not of different nature, though the weapon is recovered at the instance of present applicant. In view of the aforesaid nature of the evidence, it is fit case to grant the bail subject to some conditions. So, application is allowed. (i) The applicant be released on bail, in Crime No. 155 of 2010 registered with Kaij Police Station, Ta. Kaij, District Beed for the offence punishable under section 302 read with section 34 of the Indian Penal Code, on his furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand), on condition that- (a) he shall not enter Bobadewadi Shivar, Tq. Kaij, District Beed till disposal of the case against him. Sd/- [ T.V.NALAWADE, J.] MTK 4 Cri.A.1557.11