1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1078 OF 2009 Mohammed Nasim Mohammed Rafiq Khan .... Applicant. V/s The State of Maharashtra ...... Respondent. Ms Anjali Patil for the applicant. Mr. D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. DATE : 18 th March, 2009 P.C: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 302, 201, 34 of the Indian Penal Code, which is registered at Wadala T.T. Police Station vide C.R. No.233/2008 It is alleged that the applicant and the other accused assaulted the deceased with stones and threw his dead body in nala. There are no eye witnesses to the said incident. There is no recovery at the instance of the present applicant. The only material on record is the statement of one witness who has stated that one of the accused had given an extra judicial confession to him. 2 3. Taking into consideration the material on record, in my view, this is a fit case where the applicant deserves to be released on bail. The confessional statement of co-accused is not admissible in evidence. Even in extra judicial confession, the role of the present applicant in alleged murder of the deceased has not been mentioned and the only role attributed to him in the extra judicial confession is about disposal of the dead body. One more circumstance is that the applicant and others were last seen together in the company of the deceased. The said circumstance by itself is not sufficient to implicate the applicant unless there is other evidence corroborating the said fact. Under these circumstances, the applicant deserves to be released on bail. 4. Applicant, therefore, be released on bail in C.R. No.233 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station twice in a month. If any complaint is received by the Police against the present applicant regarding threats being given to prosecution witnesses, the bail granted to the applicant will be cancelled. 5. Application is disposed of. (V.M. KANADE, J.)