1 Cri-A-137-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 137 OF 2011 Pushkarlal Gokal Jat ... Applicant/accused No.1. vs. The State of Maharashtra ... Respondent Mr.Raju Yamgar, Advocate, for the applicant. Ms. A.T.Javeri, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 17th February, 2011. P.C. 1. Heard. The applicant seeks to be released on bail in Crime No. 502/2009 registered at Santacruz Police Station under Sections 302, 201,404, 120B read with Sec. 34 of IPC. 2. One Jagdish Lacchiram Nagda left his house on 25.10.2009 at about 9.00 p.m. by saying that he would be going to his sister's house to attend Kirthan, but he never came back. A missing report was lodged on the next day. Dead body of that person was found in the creek on 5.12.2009 by police. It was revealed that said Jagdish was murdered by strangulation. According to 2 Cri-A-137-11.sxw prosecution, the present applicant and his companion Satyanarayan had lured the deceased to purchase 1/2 kg. of gold for Rs.5 lakh and accordingly, when he left the house for that purpose, the present applicant and his companion Satyanarayan allegedly killed him and escaped with amount of Rs.2,50,000/- which deceased was having. According to prosecution, the present applicant had purchased chilli powder from a provision store and amount of Rs.41,000/- was recovered from him. It is also contended that he was connected with co-accused on mobile. On perusal of the police papers, it is clear that there is no eye-witness of the incident . There is no witness about last seen together. There is no recovery of any incriminating article except the amount of Rs.41,000/- from him. It is alleged that on the basis of information given by the accused, amount of Rs.61,000/- was recovered from different percens. It is alleged that the chilli powder was recovered from near the dead body. 3. Taking into consideration the material on record, I do not see any reason to refuse bail. 4. The applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence. The applicant shall give his permanent address in 3 Cri-A-137-11.sxw Rajasthan to the Police and shall attend the concerned police station within whose jurisdiction he resides on first Sunday of every month till end of the trial. (J.H.BHATIA,J.)