(1) CR.APP. 1771.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1771 OF 2009 1] Sherkhan @ Sheru S/o Anwar Khan Age : 23 years, Occu.: Labour, R/o Galli No.4, Indira Nagar, Baijipura, Aurangabad 2] Jafar Khan @ Bablu S/o Anwar Khan, Age : 30 years, Occu.: Rickshaw Driver, R/o. As above .. Applicants Versus State of Maharashtra .. Respondent Mr. S.G. Ladda, Advocate for the Applicants Smt.S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 2ND JULY, 2009 ORAL ORDER:- 1] The applicants are seeking bail in crime no. 18 of 2009 registered by Jinsi Police Station, Aurangabad alleging offences punishable under section 302, 201, 34 of the Indian Penal Code. 2] The applicants are accused of committing murder of their own brother Imran. The complainant, Imran's wife narrated as to how the deceased Imran (2) CR.APP. 1771.2009 was on many previous occasions beaten up by the present applicants; that the present applicants did not want Imran to get his share in the ancestral house etc. It is also on record that the present applicants are bullies of the area and were feared by the members of public. One of the witnesses said that since his medical shop was situated in front of the houses of the applicants and the deceased, he could see them quite often. He said that since 21.2.2009 he did not see the deceased coming out of his house. He said till next day, he did not see the deceased coming out of his house. 3] Smt. Wadmare, learned APP. brought to my notice the contents of the scene of offence panchanama. According to the prosecution, the incident took place in the house of the deceased. From the contents of the panchanama, it is seen that the house of the deceased was an independent tin- shed room but when the Police visited it they found the room locked by a different lock. It is the prosecution case that the lock found on the door of the room belonged to the applicants. The prosecution ‘guesses’ that the applicants after killing the deceased changed the lock to grab the possession of the room etc. This would also not lead to a conclusion that the applicants assaulted the deceased in the room and then carried him away till the Medical Hospital. It is the suspicion (3) CR.APP. 1771.2009 of the prosecution that while the deceased was inside the house during 21st and 22nd February, 2009, the applicants entered his house and killed him. It is also the case of the prosecution that thereafter, taking advantage of the darkness in the night they carried the dead body towards the Medical College, Aurangabad. But unfortunately there is no statement of witness to that effect. There is hardly any material on record to connect the applicants with the death of the deceased. 4] The applicants deserve bail. The applicants are released on bail of Rs.10,000/- (Rs. Ten Thousand) each with one surety each in the like amount. 5] Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/2july9/cr1771.09