1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (B.A.)No.341/2011 Dilip Shivchand Chudiwal Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri S.M. Bhangde, Advocate for the applicant. Shri N. R. Rode, A.P.P. for the respondent. CORAM : U.V. BAKRE, J. DATED : 20/08/2011. 1] Heard. 2] The applicant, who has been arrested by City Kotwali Police on 10.12.2010 in Crime No. 485/2010 registered for offence punishable under Sections 302, 201, 396 and 120B of the Indian Penal Code has filed this application for bail. 3] The said crime came to be registered under an allegation that cleaner Dinesh Ukey and the driver Nandkishore Waghmare of truck bearing Registration No. MP-09-HF-9345 were murdered for theft of plastic granules worth Rs. Ten lakhs which were loaded in the said truck. The prosecution has alleged that all the accused persons seven in number conspired to commit the said double murder and theft of plastic granules. Six 2 other accused persons are Adesh, Kake, Rinku, Kapil Chudiwale and one Sarwan. The final report states that the present applicant had purchased the said plastic granules which were then kept in the godown of accused no.7 - Pravin. 4] In the present application, the applicant has stated that he has no link with the other accused persons and that his name was disclosed in the confession of one of the co-accused, which is not admissible. He has further stated that accused no.7 Pravin has been granted bail. According to the applicant, he is permanent resident of Arvi and that there is no possibility of his fleeing from justice. 5] The respondent, in its reply, has resisted the application stating that this is a case of double murder and that there are previous crimes registered against the applicant and the applicant being habitual offender in decoity, robbery and murder cases, he should not be released on bail. 6] Heard learned Advocate Shri . S.M. Bhangde, for the applicant and learned APP Shri N. R. Rode for the respondent. 7] Perused the material on record. 8] There are three previous crimes mentioned 3 by the respondent in which the present applicant was involved. However, the fact as has been stated across the bar by learned Advocate Shri S.M. Bhangde that the applicant has been acquitted in the first Crime No. 5/2003 registered for offence punishable under Sections 394, 328, 397, 302, 307, 364 and 201 read with Section 34 of the Indian Penal Code and that in relation to two other crimes namely Crime No. 60/2008 registered for offence under Sections 395, 341, 342, 328 and 411 of I.P.C. and Crime No.64/2010 registered for offence punishable under Sections 395, 341, 323, 504 and 506 of I.P.C., he is on bail, has not been disputed by the respondent. 9] In the present crime, the allegation against the applicant, prima facie appears to be that he has purchased plastic granules and the said granules are unloaded in the godown of Pravin Deotale. It is seen that by order dated 10.6.2011 passed in Criminal Application (BA) No.274/2011 said Pravin Deotale has been ordered to be released on bail. 10] Admittedly, the charge-sheet has already been filed which means that no further investigation is remaining to be done. 11] Prima facie, there is no evidence of involvement of the present applicant in the said dual murder and further since the charge-sheet has already 4 been filed, I am of the view that the applicant can now be released on bail. 12] Hence, the application is allowed. The applicant shall be released on bail in Crime No. 485/2010 registered for offence under Sections 302, 201, 396 and 120B of Indian Penal Code, upon execution of personal recognition bond of Rs. 50,000/- (Rs. Fifty thousand only) with two sureties in the like amount under the following conditions:- [i] The applicant shall not tamper with the evidence in the case. [ii] The applicant shall attend the City Kotwali Police Station, Amravati once in fortnight, until further orders and shall not leave India without prior permission of this Court. Application stands disposed of accordingly. JUDGE Ambulkar.