1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLN. No. 3223/06 (Jaising v. St.) (In Cri. Appeal No. 545/06) CRIMINAL APPLN. No. 175/07 (Ramchandra & Duryodhan v. St.) (In Cri. Appeal No. 588/06), CRIMINAL APPLN. No. 176/07 (Dadu, Baban, Sau. Indirabai & Smt.Suma v. State) (In Cri. Appeal No. 491/06) _______________________________________________________________ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders CORAM: A.P. LAVANDE & A.B. CHAUDHARI, JJ. DATED : 13th FEBRUARY, 2008. All these three criminal applications for suspension of sentence and grant of bail in the above three criminal appeals are being disposed of by this common order. 2. Crim. Appln. No. 175/07 is filed by Ramchandra (accused no.4) and Duryodhan (accused no.9). Crim. Appln. No. 176/07 has been filed by Dadu (accused no.2), Baban (accused no.3), Indirabai (accused no.8) and Suman (accused no.10). Crim. Appln. No. 3233/06 has been filed by Jaisingh (accused no.7). 2 3. Heard Mr.Patwardhan and Mr.Dhore, learned counsel, for the applicants and Mr.Mirza, learned A.P.P. for respondent/State. Perused the entire record and also seen the evidence. 4. The applicants in the above applications urged various grounds for grant of bail. Mr.Mirza, A.P.P., vehemently opposed the said prayer for suspension of sentence and grant of bail in all these applications. All the applicants have been sentenced to undergo transportation for life on the prosecution case that Panchfula, a female child of eight months of accused no.1 Shivaji and Sharda (P.W.8), was kidnapped by her father-accused no.1 Shivaji when Sharda and Shivaji were working in the field belonging to Jaisingh (accused no.7). As a result of conspiracy between the accused persons, the said child was sacrificed and was killed by putting a noose on her neck and strangulated her for discovering hidden treasure in the field 3 of accused no.7 Jaisingh. All the accused persons were present when the process to find out the hidden treasure was undertaken. Accused no.5 acted as Mantrik who died during trial while accused no.8 Indirabai knew black magic. 5. The trial Court convicted all the accused persons for the offence punishable under Section 302 of Indian Penal Code. Admittedly, there is no direct evidence in the instant case. Whatever evidence has been tendered in the trial Court against the applicants is in the form of confession of accused no.1 and 5 in police custody involving all the accused persons in the alleged crime. In our opinion, this type of evidence by way of confession in police custody by accused no.1 and 5 cannot be relied upon for convicting the accused persons. Other evidence relied upon by the trial Court is in the form of recovery of Shela and nylon rope from the well and recovery of red frock and bones from the field 4 of accused no.7 Jaisingh and the bones were ultimately found to be of the child below 8 years of age. Since it is not the case of the prosecution that weapons like knife or suri were used, the seizure thereof by the police machinery during investigation and proof of the same loses its relevance. It is an admitted position that neither any treasure was found nor any valuable articles were seized from any of the accused persons or from the spot nor the prosecution could prove that P.S.I. Awte accepted one kilo of gold from the accused persons to keep quiet. In our opinion, these pieces of evidence on which reliance has been placed by the trial Court, at least, prima facie do not impress us for keeping the accused persons in jail for number of years. Many of the accused persons are old aged and in the light of the discussion made above, they have made out a prima facie case for grant of bail. The fact that the accused persons were on bail during trial and they did not misuse the 5 liberty granted to them is an additional factor which impresses us in making the following order. 6. All the applicants in the above three criminal applications are directed to be released on bail upon each of them executing a P.R. Bond in the sum of Rs.5,000/- (Rs. Five thousand) each with one solvent surety in like amount. They shall report to police station Khandala, Tq. Pusad, District Yavatmal, once in fortnight, i.e. on Sunday, between 2-00 p.m. and 4-00 p.m. Needless to say that these observations are made only for the purpose of deciding the bail applications and are purely prima facie in nature. Criminal applications are disposed of. JUDGE JUDGE /TA/