1reg-appln-816-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No.816/2010 Mutyappa Dashrath Sabale v. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr V.V.Purvant, for the applicant. Mrs M.H. Mhatre, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 18TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for regular bail preferred by the applicant. – original accused No.2 arrested in CR No.64/2009 registered with Mandrup Police Station, District Sholapur. The applicant is facing charge for the offence punishable under Section 302 read with Section 34 of I.P.C. 2. Admittedly, co-accused No.1 is released on bail by the another Bench of this Court on 17.12.2009. 3. Admittedly, it is a case of the both accused “last seen together” in view of statement of one shopkeeper. According to the said shopkeeper, from his shop one whiskey bottle was purchased by the accused persons and at that time the 2reg-appln-816-10 deceased was accompanying them. Thereafter, on the next day morning i.e.on 29.9.2009 dead body of the deceased Baswaraj was found by the side of some agricultural land situated in the same village. 4. According to the prosecution, one day prior to the incident, accused No.1 had been to the house of the deceased along with present applicant. The present applicant and deceased were distant relatives. Accused No.1 asked for some hand loan for Rs.10,000/- to the deceased. The present applicant insisted on the deceased to advance such loan in order to help accused No.1, his friend. Mother of the deceased, first informant, intervened and told her son not to indulge in such transaction and not to give any such loan. Thereafter, during the course of the day on 28.9.2009 admittedly, after going to the concerned Bank, the deceased withdrew the amount and handed over the loan amount to accused No.1. This story was narrated by the first informant in her statement recorded by the police on 30.9.2009. However, in the F.I.R. lodged on the same day of 30.9.2009 she did not mention regarding such earlier incident of giving of loan. In the F.I.R. she did not express any doubt on any assailant, much less present applicant and his associate – accused No.1. 5. During the arguments, learned A.P.P. Mrs Mhatre submitted that after arrest of the present applicant on 1-10-2009 there was a recovery of one nylon rope at his instance from his house so also there was recovery of chilly powder from his house. According to learned A.P.P. these recoveries are significant as dead body was found having strangulation marks around the neck and there was some chilly powder found in the eyes of dead body. 6. Considering the above factual position, it would be far fetch imagination to 3reg-appln-816-10 consider that only the applicant and his associate and nobody else must have committed the offence of murder. However, it is for the appreciation of evidence during the trial. All the same, considering the custody of the present applicant for more than nine months and considering the effect of alleged circumstances, the present application can be disposed of by the following order:- :ORDER: (a) Bail application No. 816/2010 is allowed; (b) The applicant Mutyappa Dashrath Sabale arrested in CR No.64/2009 registered with Mandrup Police Station, District Sholapur, shall be released on bail on executing P.R. bond in the sum of Rs.15,000/-with one surety in the like amount. (c) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)