1 BA-1755-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1755 OF 2011 mhi Rajaram Hindurao Chavan ... Applicant vs. The State of Maharashtra ... Respondent Shri A.P.Mundargi, Senior Counsel i/b. Shri Avinash Kamkhedkar, advocate for the applicant. Shri Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicant seeks to be released on bail in Crime No.28/2011 registered with Kodoli Police Station, Kolhapur under Sections 302, 201, 120B, 363, 364A, 506 read with Section 34 of IPC. 2. Prosecution case, in brief, is that the present applicant Rajaram had three brothers i.e. Raghunath, Arjun and Bhanudas. Deceased Atul was son of Bhanudas. Bhanudas had died long back. There were disputes between the family of Bhanudas on one hand and accused Rajaram on the other on account of partition of house property. On 9.3.2011, Atul left his house to go to his field for guarding the crop. However, thereafter he never came back. Next morning, some 2 BA-1755-11.sxw search was made and a missing report was lodged by his cousin Pramod Arjun Chavan. After that also search was made at different places from time time, but as Atul could not be found, on 7.4.2011, FIR was lodged by Vimla Bhanudas Chavan, mother of Atul, giving background of disputes with the present applicant and her suspicion that something wrong was done to her son by or at the instance of the applicant. Initially offence under Sections 363 and 364 of IPC was registered. During the investigation of that case, accused No.2 Deepak Babar was arrested. According to prosecution, he disclosed that the present applicant had given a contract to him for committing murder of Atul for payment of Rs.3 lakh and amount of Rs.1,50,000/- was paid in advance and balance amount was actually paid after the murder. According to him, he and his companions i.e. Vithal Pujari, Gotia and Shankar had committed murder of Atul by strangulation and thereafter his dead body was burried at Miraj-Pandharpur Road. On the basis of information given by him, on 14.6.2011, the skeleton of dead body of a male person was recovered with clothes. From the said clothes, a key of the motorcycle of the deceased as well as the mobile handset were recovered. On the basis of the clothes, the said key of the motorcycle and mobile handset, his family members identified the skeleton as dead body of deceased Atul. On the basis of information given by said Deepak, present applicant was arrested. 3 BA-1755-11.sxw 3. According to prosecution, the accused had motive to commit murder of the deceased Atul. It is also alleged that he had used mobile handset having Sim Card No.919756320325 for contacting some of the accused persons. The said mobile number stands in the name of Manik, who is son of the present applicant and who is in service of Military Hospital at Miraj. According to prosecution, statement of the present applicant was recorded and he admitted that he was using the mobile of his son. Against the present applicant, besides the motive, there are only statements of applicant himself and co-accused Deepak before the police. Both the statements being in nature of confession before the police are inadmissible in law. Surprisingly, the Investigating Officer, who is the police Inspector did not bother to record the statement of Manik, son of the applicant, to show that he had given his mobile handset to his father for use. In view of this, the prosecution case against the present applicant does not go beyond suspicion on the basis of motive. 4. Therefore, the applicant be released on his executing P.R. of Rs. 50,000/- with one or two solvent sureties with condition that he shall not tamper with the prosecution evidence and shall also report at the Kodoli Police Station, Kolhapur, on first and third Sunday of every month till end of the trial. (J.H.BHATIA,J.) 4 BA-1755-11.sxw