1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.182/2011 (Arun Bangdu Bhosale .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.S. Kurekar, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : APRIL 11, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted by Jaulka Police Station, District - Washim, as a result of investigation of Crime No.32/2010 registered on 25.9.2010 for offence under Section 302 of IPC, has been objected by the learned APP on the count of, though there being no eye witness for the crime committed, the involvement of the applicant being borne from the circumstances emerging out of the material collected by the investigating agency during the course of investigation. It is urged that the applicant possessing the motive to kill deceased Lata is borne from the material contained in the statements of about 8 to 9 witnesses, who had seen the applicant having threatened the 2 deceased and her husband on the count of themselves having obstructed the applicant from hunting in their field and then having threatened the deceased to kill her as and when she would be found alone and such incident having occurred about four days prior to 15.9.2010 when the corpse of Lata was found lying in the field in the evening at which she has been for grazing the cattle. It is urged that the material in the statements of four other witnesses reveals that on the same day at about 4.00 pm the applicant was seen going towards the river in a frightened condition with blood stains on his clothes and sickle in his hand and upon the applicant being questioned by the said witnesses, the applicant had ask them to mind their affairs. It is urged that one of the witness from them had also seen the applicant going to the river and washing the blood stains on the clothes and the sickle. It is further contended that as a sequel to statement leading to the discovery made by the applicant, the sickle and clothes, both stained with blood were seized during the course of investigation. It is urged that the injuries on the person of deceased are possible by the weapon like a sickle recovered at the behest of the applicant. It is urged that all the said circumstances do form complete chain leading to the inferences about guilt of the applicant for crime in question. Aforesaid submissions were retaliated by the learned counsel for the applicant by rightly urging that except some feeble evidence regarding the applicant 3 having threatened the deceased, other circumstance pointed out by the learned counsel for the applicant by themselves are innocuous or atleast does not establish nexus of the applicant with the crime committed. It is urged that occurring of quarrel between the persons and threats being given to each other during such quarrel is not uncommon thing. It is urged that beyond the said threat allegedly given and particularly in absence of any material in the chargesheet for coming to the conclusion that the stains upon the clothes of the applicant and that of upon the sickle were about blood of the deceased or at least the same being not of the applicant or some other persons, the applicant has made out a case for bail. Having regard to the nature of the evidence collected during the course of investigation and even the Chemical Analyser report being not upon the record and the applicant being in custody since 25th September, 2010, the prayer for bail presently will deserve consideration for a limited period as Chemical Analyser report regarding the relevant matter is yet to be received. Having regard to the same, the applicant is directed to be released on bail for a period of two months from date of his release in connection with the said crime upon furnishing P.R. Bond in the sum of Rs. 1,00,000/- (Rs. One Lac only) with two separate solvent sureties in the like amount and subject to the conditions that applicant - (i) after his release on bail, shall stay outside the village Darwha, shall intimate his place of abode to the 4 investigating officer, shall not change the same without the permission of the trial Court and shall also attend the local Police Station within whose jurisdiction he would be staying in between 9 am and 11 am on every Monday until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial, (iii) shall not commit any offence while on bail. The application stands disposed of. Liberty to the applicant to apply for extension of bail at the expiration of period and so also to the prosecution for modification of the order including that of cancellation in event of further evidence being received for establishing prima facie involvement of the applicant in the crime committed. JUDGE Gulande