- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2965/2010 Santosh s/o Shankarrao Jamdhade, age 22 yrs., occu.agril., r/o Georai Tq.Georai Dist.Beed. ...Applicant.. Versus The State of Maharashtra. ...Respondent... ..... Shri A.M. Gaikwad, Advocate for applicant. Smt.V.A. Shinde, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 09.08.2010 PER COURT: 1] The applicant has approached this Court for his release on bail in - 2 - connection with Crime No.167/2009 for the alleged offence u/s 302 r/w 34 of the Indian Penal Code in which he came to be arrested on 15.1.2010. In the said crime, after completion of investigation, charge-sheet came to be filed in the Court of J.M.F.C., Georai, on 5.4.2010. 2] Heard counsel for the parties. Perused the papers of investigation. 3] It appears that the said crime came to be registered on the complaint of one Shaikh Firoz Shaikh Ibrahim on 9.8.2009 about the alleged incident which took place in the intervening night of 8.8.2009 and 9.8.2009 when friend of the complainant by name Vinod, auto rickshaw driver, while returning back alighted from his auto. At that time, the complainant and his friend were chewing Pan near the Pan stall by name “Milan Pan Stall” near one hotel “Sheetal”, they noticed that a lonely lady walking on the road, some unknown persons were trying to play mischief with her. At that time, auto driver was coming from opposite direction, alighted from his auto and tried to rescue that lady. During that process, those unknown persons assaulted auto rickshaw driver Vinod and fled away from the place. Thereafter, the complainant took the auto driver at his residence. On the next day, auto rickshaw driver Vinod died in the hospital. 4] It appears that in connection with this offence, crime was registered against five unknown persons. Present applicant and other four were arrested on 15.1.2010. The papers of investigation and notes of post mortem of Vinod reveal - 3 - that the death of Vinod is homicidal. At the same time, nothing incriminating is recovered at the instance of the present applicant. The fact remains that as the offence is registered against the unknown persons and there are statements of complainant as well as Arjun Mhetre, the Pan stall owner, as the assailants were not named, but after their arrest till date or till filing of charge-sheet, no test identification parade was conducted by the investigating officer for whatever reasons known to him to get identified and arrested the assailants as the same persons who assaulted the auto rickshaw driver Vinod. Bearing in mind this vital part / lacuna in the papers of investigation, since by now the applicant is behind the bars for more than seven and half months, he is entitled to be released on bail. In view of this, the application deserves to be allowed. Hence, the following order. 5] The application is allowed. The applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. Bond in the like amount. After release on bail, the applicant shall attend Georai Police Station once in a month on 28th day of each month till the trial against the applicant stands finally disposed of. The application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr981010