Cri. Apln. Nos. 2336 & 2317/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2336 OF 2011 Rohit s/o. Raju Pagare, R/o. 11, Chehedi BDK, Nashik Road, Nasik - 422101, Tq. & Dist. Nashik. ....Applicant . Versus The State of Maharashtra ....Respondent. Mr. V.D. Salunke, Advocate for applicant. Mr. B.J. Sonawane, APP for State/respondent. WITH CRIMINAL APPLICATION NO. 2317 OF 2011 Bhausaheb @ Bandu s/o. Dashrath Nawle, R/o. Flat No. 12, Jagruti Pushpa Apartment, Behind Hotel Sidharth, Ganesh Baba nagar, Nashik, Dist. Nashik. ....Applicant . Versus The State of Maharashtra ....Respondent. Mrs. Sadhana Jadhav, Advocate for applicant. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 1st July, 2011. PER COURT : 1. Both the applications are filed for regular bail in Cr. No. 55/2010 registered with Bhoom Police Station, Dist. Osmanabad for offences Cri. Apln. Nos. 2336 & 2317/11 2 punishable under sections 302, 201, 120-B etc. of IPC. The papers of investigation were made available for perusal by APP. Both the sides are heard. 2. The crime is registered on the basis of report given by brother of deceased Bandu. Allegations are made by the complainant that BDO Shri. R.R. Bharti had some grudge against the deceased and under the pretext that he will help the deceased by helping him in the matter of reinstatement of his wife, he was called to Beed. Allegations are made that this BDO was having illicit relations with sister in law of deceased and the deceased was against this relation. There are allegations that the BDO hired person like Kalyan Pawar for finishing Bandu. In turn Kalyan took help of persons like Bhausaheb Nawle, applicant from Criminal Application No. 2337/2011, Rohit Pagare and Shamkumar Pagare. On the previous day of incident, these persons came to Beed and stayed in one lodge. Allegations are there that the BDO virtually handed over the deceased to assailants by saying that they would reach him to his destination and then they were proceeding to Osmanabad in Tata Sumo vehicle. They took the deceased towards Osmanabad and on the way they administered poison to deceased and they assaulted him by using jack on his head. The dead body was thrown by the side of road and even bottle of insecticide was thrown near the dead body. Cri. Apln. Nos. 2336 & 2317/11 3 3. Police have collected the material like the register of lodge where these persons had stayed for about two days by giving false name. They have recorded statements of the persons like lodge Manager and other persons of the lodge. One important statement of driver Vinod Giri is recorded in whose presence the deceased was handed over to the persons of Kalyan Pawar. On the basis of mobile record of BDO and Kalyan Pawar, the other accused were traced and the call details are collected by police. On the basis of statements given by accused Bhausaheb, the broken pieces of mobile handset of the deceased are recovered from the vicinity of dead body. The material collected on record shows that some witnesses have seen Kalyan Pawar, who was hired by BDO in the company of deceased and some persons had seen the vehicle near the spot where the dead body was thrown. 4. Though there are aforesaid circumstances, bail is granted to BDO Shri. Bharti and Kalyan Pawar by this Court. The case of the present applicants is on better footings as the material available against the persons who are released on bail is more. In view of these circumstances, only due to ground of parity this Court holds that bail can be granted to the present applicants. 5. So the application is allowed. The applicants from both the applications are to be released on bail in Cr. No. 55/2010 registered with Cri. Apln. Nos. 2336 & 2317/11 4 Bhoom Police Station, Dist. Osmanabad for offences punishable under sections 302, 201, 120-B etc. of IPC on their furnishing PR and SB of Rs. 20,000/- (Rupees twenty thousand) each. They are not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2336 & 2317/11