1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (BA) No.274/2011 ( Pravin Surendra Deotale ..Vs.. The State of Maharashtra, through P.S.O., City Kotwali, Amravati, Distt. Amravati ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Deshpande, Adv. for applicant. Mr. S.S. Doifode, A.P.P. for respondent. CORAM : M.N. GILANI J. DATE : 10.6.2011. Heard learned counsel for the applicant and learned A.P.P. for the respondent. The Crime No.485/2010, registered with the police station City Kotwali, Amravati, under section 302, 201, 396, 120-B of the Indian Penal Code, in which innocent cleaner and driver of the truck bearing registration No.MP-9 HF9345 were done to death to facilitate theft of the plastic granules worth Rs.10,000,00/-, loaded in the truck. The accused had conspired to commit murder of driver and cleaner and then looted the loaded truck. Those who were involved in the conspiracy are Adesh, Kake, Rinku, Kapil, Chudiwale and one Sarwan. On way i.e. at one Dhaba which is in the way to Bhawara and Itarsi, the accused Sarwan and Kishor had administered some stupefying substance to driver Kishor and cleaner Dinesh. After they became unconscious, Adesh and Kapil 2 joined. They took away all the 25 tons of plastic granules. On way when Kishor and Dinesh regained consciousness, they were done to death. Thereafter, truck was unloaded in the godown of Pravin Deotale, the present applicant. So far as role of the accused in receiving the stolen property is concerned, it is not in dispute. In the F.I.R. initially two accused were arrested amongst them one was the present applicant as accused no.2. It is stated that the accused no.1 i.e. Nashir Abdul Rehman hired godown of accused no.2 – present applicant. The accused no.2 knowing that the goods were stolen property, helped in storing the same in his godown. The relevant excerpt from F.I.R. is reproduced. “lnj xqUg;kps riklke/;s vkjksih dza- 1 g;kus vkjksih dza- 2 g;kps xksMkowu HkkM;kus ?ksowu lnj xqUg;ke/;s iGowu usysyk eky yiowu Bsoyk- xksMkowu ekyd vkjksih dza-2 ps vkgs- ojhy eky gk pksjhpk vkgs- ;kckcr ekghrh vlqu lq/nk rks vkiys xksMkowu e/ks Bso.;klkBh lgdk;Z dsys” The reply filed by learned A.P.P. does not show that in the commission of murder the present applicant – accused is involved. What is stated, is that, this murder was within the knowledge of the present applicant. However, story, which is unfolded during investigation, point out a conspiracy between six accused persons. During the course of commission of the crime when they felt a need for a godown to store the stolen goods, the present applicant – accused was contacted through the other co- 3 accused by name Nashir Rehman that means not directly by the main culprits. The accused Nashir Rehman was asked to arrange for a place to store the plastic granules. In turn, the accused Nashir arranged one Maruti car, in which the present applicant was brought to the place called as Ziri Dhaba, where truck was standing. From this stage the present applicant’s role started. Then the truck was taken to 15 kilometers away to the godown of the present applicant. It is categorically alleged that they were accused no.3 Adesh and accused no.4 Dinesh who strangulated the second deceased. In this view of the matter and there being no involvement of the applicant/accused in the commission of offence of murder and as chargesheet has been filed, there is no hurdle in releasing the applicant – accused on bail subject to condition that he shall furnish P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount and shall attend the police station once in a week. till the further orders of the Court or till conclusion of trial, whichever occurs earlier. Hamdast allowed. JUDGE Tambaskar.