(1) CR.APP. 2275.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2275 OF 2009 1] Suresh Thawara Jadhav, Age : 57 years, Occu.: Agri., R/o Katkheda, Tq. Pusad, Dist. Yavatmal 2] Taru @ Tarachand Hari Jadhav, Age : 40 years, Occu.: Agri., R/o Katkheda, Tq. Pusad, Dist. Yavatmal .. Applicants Versus 1] The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad) 2] Superintendent of Police, Hingoli, Tq. and Dist. Hingoli .. Respondents Mr. V.S. Kadam, Advocate for the Applicants Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 16TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking anticipatory bail in crime no.23 of 2009 registered at Kalamnuri Police Station, Dist. Hingoli dated 1.3.2009 under section 302, r/w. 34 of the Indian Penal Code. (2) CR.APP. 2275.2009 2] The complainant who is resident of Katkheda Tq. Pusad, Dist. Yavatmal said that he and his family members namely wife, son, daughter in law, and his close relative Baliram (deceased) went to visit Kalamnuri for religious fare on 28.2.2009. He said Baliram after having meals in the night on that day left him, saying that he would take a round in the fare. Baliram did not come back. In the morning on 1.3.2009 in a secluded place in the outskirts of the fare, Baliram was found dead. He was murdered. The Police could not arrest anyone, though the offence was registered immediately. After four months, Baliram’s daughter Chhaya for the first time said that the present applicants, who are her husband’s cousin and uncle were with the family on their trip to Kalamnuri on 28.2.2009. She said the applicants and complainant had accompanied Baliram to take a round in the fare. She said it was the applicants and her father-in-law, the complainant Pralhad were seen with Baliram last. In view of her statement, the Police sought arrest of the applicants. The Police in response to the notice, produced Police papers, but the learned APP candidly admitted that except the suspicion of Chhaya, the daughter of the deceased, there is practically no material against the present applicants. (3) CR.APP. 2275.2009 3] The circumstance mentioned above, thus are sufficient to give protection of anticipatory bail to the present applicants. The applicants, if arrested in this case, shall be released on bail of Rs.5000/- (Rs.Five Thousand) each with one surety each in the like amount. 4] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/16july9/cr2275.09