1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (B.A.) No.438/2011. ( Ezaz Khan Ajij Khan Pathan ..V/s.. State of Maharashtra, through P.S.O. P.S. Sakoli, Distt. Bhandara ) ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. R.M. Daga, Adv. for applicant. Mr. A.D. Sonak, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATE : 22.08.2011. 1. Kalpana, who was constantly receiving ill-treatment at the hands of her husband, hatched a conspiracy to eliminate him. Incident occurred on 13/7/2010. At about 4.30 p.m. there was quarrel between Kapana and Sunil – the deceased. The deceased had beaten Kalpana. At about 5 p.m. Kalpana left the house. At about 9 p.m. the deceased received a call. He was informed that Kalpana met with an accident and was lying at the place called as Jambhali. Then the deceased and his son Ketan went to the place where Kalpana was seen lying on the ground. At that time, three assailants armed with weapons like iron rod attacked the deceased. Thereafter one of the assailants carried Kalpana and Ketan on his motorcycle and 2 dropped them near their house. On the next day, the dead body of Sunil was seen on the same spot and the postmortem examination revealed the death due to hemorrhagic shock due to head injury with fracture of skull with multiple injuries on the body. 2. The prosecution submitted the chargesheet alleging conspiracy between Kalpana and three assailants including the present applicant. This Court (Coram : P.D. Kode, J.) by its orders dated 9th March 2011 and 31st March 2011 released Dinesh and Sheikh Shafi respectively (original accused no.4 and 3 respectively). In Special Leave to Appeal (Cri.) No.5316/2011 Kalpana (original accused no.1) has also been released on bail by the Supreme Court. 3. The case diary, which is produced by learned A.P.P. for the perusal of this Court, contains the statement of Ketan. The certified copy of the statement of Ketan is also made available by learned counsel for the applicant. Those are taken on record and marked as “X1” and “X2”. The copy of the statement produced by learned counsel for the applicant shows that all the assailants were strangers to Ketan. Even he stated that at the time of incident, it was dark and naturally so, since incident occurred after 9 p.m. Of course, during trial the prosecution will have to explain as to why two contradictory 3 statements came to surface. Other evidence collected against all the three assailants is the recovery of weapon of offence. After considering this evidence this Court (Coram : P.D. Kode, J.) has released the two co-accused. Sans the disputed statement of Ketan, in which he named present applicant, there is no additional evidence against the present applicant. In that light of the matter, the applicant will have to be released on bail. 4. The applicant is directed to be released on bail upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with two sureties in the like amount. JUDGE Tambaskar.