IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2094/2009 [Mangesh Devidas Jawanjal vs. State of Mah.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 18 th JUNE, 2009 Criminal Application No. 2102/2009 Heard Shri R.M.Daga, Advocate, for the applicant. Shri Sonare, APP, present for respondent. Filing of copy of F.I.R is presently dispensed with. Application disposed of. Criminal Application No. 2094/2009 Heard Shri R.M.Daga, Advocate, for the applicant and Shri Sonare, APP, for respondent State. By this application, the applicant is claiming bail. He is being tried for the offence under Section 302 of the I.P.C., arising out of Crime No. 03/2009 of Police Station Asegaon, Distt. Amravati. The allegations against the applicant are that, he had strangulated his sister Nanda. The applicant had first reported to the police saying that the said Nanda had committed suicide. It is alleged that this was false report, as, after post mortem, the deceased was found to have been died due to strangulation. I had asked the learned APP as to what is the evidence appearing against the present applicant in the charge sheet. The answer is that the false report was lodged by the applicant in the police station saying that the deceased Nanda had committed suicide. Learned counsel for the applicant has pointed out that in the said house the applicant is living along with the other members i.e. parents, brother etc.. It is not the case of the prosecution that the applicant was alone residing in the said house and he only could commit the offence. In these circumstances, ex facie, it is not possible to say that the applicant alone and none else has committed this offence. However, this has to be decided on merits after trial. For consideration of the bail application, these circumstances are sufficient, to invite an order of release of the applicant on bail. The applicant be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall attend the trial regularly and shall not commit any offence. Bail in trial Court. Application disposed of. JUDGE Rvjalit