1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.604/2011 ( Subhash S/o Goma Ambule ..Vs.. State of Maharashtra, through P.S.O., P.S. Dawaniwada ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.K. Bhangde, Adv. for applicant. Mr. D.M. Kale, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 8.11.2011. 1. On 4/4/2011 one Ramuji Baliram Patle, aged about 56 years, R/o village Bora had gone to village Indora Karanti within the jurisdiction of police station Tiroda to attend the marriage of his relations. It is alleged that while he was returning to his village, he was chased by three assailants, including the applicant, and was strangulated by using the scarf (Gamcha). On 5/4/2011, the dead body of the deceased was found on the road in between Bora and Bagholi. The postmortem examination revealed the death due to strangulation. The relations of the deceased raised suspicion against the applicant/accused and on that basis the applicant came to be arrested. The other co-accused are already released on bail by this Court. 2 2. As regards evidence collected against the applicant/accused the contents in para 7 of the reply filed by learned A.P.P. are relevant. They are reproduced as under. “it is submitted that the confessional statement made by the accused person clearly implicate the present applicant who has committed murder of deceased. Therefore the application for grant of bail deserves to be rejected. It is submitted that in case the applicant is released on bail there is very possibility that applicant will influence the prosecution witnesses so also tamper with the prosecution evidence. The charge-sheet is filed on 27/6/2011. All the 3 accused persons were arrested on 6.4.2011. Their clothes were seized. 3. It is, therefore, obvious that the prosecution is harping upon the confessional statement of the accused made before the police. In this view of the matter, the applicant/accused will have to be released on bail. 4. The application is allowed. 5. The applicant/accused is released on bail on his furnishing P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount. JUDGE Tambaskar.