1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.1654 OF 2010 Narayan Sidhu Mane ...Applicant vs. State of Maharashtra ...Respondent Mr.Harshad Nimbalkar with Mr.Vikas Shivarkar for the applicant Mr.Y.M.Nakhawa,A.P.P for State CORAM : A.R.JOSHI,J. DATE : JUNE 14, 2010 P.C.: 1 Heard rival submissions for some time on this application for regular bail in which the present applicant is involved in the offence under section 302 read with section 34 of the Indian Penal Code. 2 Perused the copy of the charge sheet papers annexed to the application. 3 The case of the prosecution as alleged is that the marriage of the daughter of the present applicant held with one Rajaram Jadhav. The said daughter of the applicant committed suicide. As such, so as to falsely implicate son-in-law Rajaram the present applicant alleged to have committed murder of deceased Suresh Kadam and by keeping chit in the pocket of deceased tried to impress that Rajaram Jadhav actually committed the murder of the deceased. One hand written note to that effect was found on the person of the said dead body. Admittedly, the said Rajaram is son-in-law of the present applicant-accused no.2. It is revealed during the investigation of the murder of Suresh Kadam that one 2 Shivaji Bhatkar relative of the present applicant had allegedly committed a murder of the said Suresh and one hand written note, found on the person of the dead body, was kept which falsely implicated the said Rajaram, son- in-law of the applicant. It appears that there was motive for such act, in as much as earlier in July 2009, the daughter of the present applicant has committed suicide and there was allegation against said Rajaram as to abetting the suicide and in that matter the said Rajaram-son-in-law of the present applicant was arrested and released on bail. The applicant acted in such a manner as pointing out the suspicion of murder towards his son-in-law i.e. Rajaram. 4 On the above background, the learned A.P.P submitted that the statement of the said Rajaram was recorded during the investigation and he had doubted that the present applicant his father-in-law must be involved in association with one Shivaji Bhatkar, the relative of the father-in-law, residing at Yerwada. Apart from the said statement, according to the police there is discovery panchnama under section 27 of the Evidence Act by which the place was discovered at the instance of the present applicant where the said Shivaji has allegedly threw external ear/pinna of the dead body which was found on 12-11-2009. It is further alleged that the said Shivaji had taken the said external ear/pinna of the deceased to the residence of the applicant to show him. The present applicant and the said Shivaji thereafter destroyed it and it was revealed through the alleged statement of the applicant under section 27 of the Evidence Act. 5 As mentioned above, there is nothing cognate in the case of the prosecution even not to grant bail to the 3 present applicant considering the allegations as narrated above and nothing more. In the result, following is the order: ORDER i) Criminal Application no.1654 of 2010 is allowed. ii)The applicant Narayan Sidhu Mane shall be released on bail on executing P.R.bond in the sum of Rs. 15,000/- (Fifteen thousand only) with one surety in the like amount. iii)The trial Court/Sessions Court shall not be influenced by the observations made while passing this order while disposing of the Sessions Case on its own merits. JUDGE