abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4028 OF 2007 Pramod Vasantrao Takale .. Applicant V/s The State of Maharashtra .. Respondent Mr.Sudhir Halli i/b Mr.S.P. Hulyalkar for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 24TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant has been arrested on 16th April 2007 in connection with the offence registered with Wanawadi Police Station, Pune under C.R. No.152/2007 punishable under section 201 read with 34 of the Indian Penal Code. 3. I have perused the FIR as also the statements of witnesses, copies of which are annexed to the - 2 - application. 4. Initially an offence only under sections 363 and 364 of the Indian Penal Code was registered. However, subsequently sections 302 and 201 read with 34 of the Indian Penal Code have been added. Perusal of the statements of witnesses shows that one Ganesh Hanumanta Nanaware allegedly committed murder of Vaishali, the wife of the complainant. The material on record further discloses that after committing the murder of Vaishali, Ganesh, who is accused no.1, carried her body in an Indica Car to Saswad Road where he met the applicant. It is alleged that the applicant accompanied the accused no.1 in Indica Car and helped him to dispose of the body of Vaishali. Thus, the allegation against the applicant is that he caused to destroy the evidence of the crime and thereby committed an offence punishable under section 201 of the I.P.C. There is no allegation anywhere that the applicant was a party to the murder. 5. The offence under section 201 of the I.P.C. is bailable. The applicant had previously made two applications before the Additional Sessions Judge, Pune. A copy of the order of the Sessions Court dated 17th August 2007 is annexed to the application. Perusal of the order does not disclose the aspect that the charge against the applicant was only under section 201 of the - 3 - I.P.C. was considered by the Sessions Court. 6. The offence alleged against the applicant is punishable under section 201 read with 34 of the I.P.C., namely destroying the evidence of murder with the help of accused no.1 which is bailable. The accusation against the applicant is not under section 302 of the I.P.C. but is only under section 201 of the I.P.C. 7. In the circumstances, the applicant is entitled to bail. Hence, I pass the following order:- ORDER The applicant be released on bail on executing personal bond of Rs.30,000/- with two sureties in the like amount. (D.G. KARNIK, J.)