1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3421/2009 ( Rahul Bhimrao Nimgade .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.V. Sirpurkar, Advocate for Applicant. Mr. A.D. Sonak, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 19, 2009 Heard. By the present application, the applicant/accused arrested on 4.3.2009 and charge sheeted by Police Station Ramnagar, Chandrapur for commission of offences under Sections 302, 396, 201 and 412 of IPC. has prayed for bail. In short, it is the prosecution case that upon receipt of an information from one Rajeshwar Talande on 20.2.2009 that one body near Chinchpalli on Junona Road being found, wheels of law were set in motion. The inquiry/investigation effected reveal that the same was that of one Mukund Sonkusre on Chinchpalli Junona Road. The material part of a charge sheet against the applicant is to the effect that the applicant along with other accused has stopped a cement truck bearing No. MH-31-CB-506 driven by the said deceased on Chinchpalli Junona Road and with intention to steal away the cement 2 bags, had compelled said Mukund to step down the truck and had made to sit in a Maruti car. The other co- accused has taken away the car by Chinchpalli Junona Road in forest and committed murder of the deceased while 340 cement bags in truck was disposed by the applicant and another co-accused Pawanapar. The learned APP has objected the prayer made in the application by contending that the prosecution case by and large rests upon the circumstantial evidence which is more so in the shape of recoveries effected in pursuance to the statement leading to the discovery made by the four accused persons. The learned APP has heavily placed reliance upon the statement leading to the discovery made by the co-accused Ajay Goswami. The learned APP has further urged that considering the seriousness of the offence occurred and the material available against the applicant and there being likelihood of commission of such offence, he should not be enlarged upon bail. The submission of the learned counsel for the applicant that even accepting the prosecution material in the charge sheet and/or the statement leading to the discovery made by the co-accused Ajay Goswami relied by the prosecution against the applicant, still the same fails to reveal involvement of the applicant in commission of offence punishable with death and imprisonment for life, is prima facie supported after considering the material in the charge sheet. In view of the same, the applicant succeeds. The applicant is directed to be released on bail in Crime No. 95/2009 of Police Station Ramnagar, 3 chandrapur on furnishing a PR bond in a sum of Rs. 50,000/- with two sureties in the like amount and subject to the conditions of (i) attending the said Police Station everyday for first 15 days in between 11 a.m. and 2 p.m. and thereafter every alternate day for another two weeks within the said timings and thereafter on every Monday till the conclusion of the trial; (ii) staying at the address to be furnished to the I.O. and not changing the same without prior permission of the Court and (iii) not committing any offence while being on bail granted vide this order. Application stands disposed of. Hamdast allowed. JUDGE halwai