1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.272 OF 2010 Sadique/Sadik S/o.Nathu Pawar, Age-40 years, Occu-Agriculturist, R/o.Nepti, Tq. Ahmednagar, Dist. Ahmednagar APPLICANT VERSUS 1. The State of Maharashtra, 2. Superintendent of Police, Ahmednagar, Dist. Ahmednagar RESPONDENTS Smt.S.S.Jadhav, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondents. (CORAM : A.V.POTDAR, J.) DATE : 20/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.160/2009, registered in Nagar Taluka Police Station of Dist. Ahmednagar for the alleged offence punishable u/s. 302, 201 r/w. 34 of IPC. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. 2 3. Considering these submissions across the bar, it appears that the news item is published in the newspaper dated 30/09/2009 that one unidentified body was found lying in the canal situated in Nepti, Dist. Ahmednagar. Accordingly ADR was registered. One Sudam Gavhane came to be arrested in connection with said ADR as the present offence is registered in Nagar Taluka Police Station on 27/10/2009. During the interrogation of the said accused, it revealed that on 19/09/2009, one Waykar Mama informed him that one labourer is died due to Epilepsy attack and the dead body to be disposed of. Accordingly, the said Sudam agreed for disposal of the dead body and in the said disposal, present applicant assisted him to carry the dead body by sitting on the pillion seat of the motor bike on which the dead body was carried for disposal. Considering these facts, it is urged across the bar that there is no evidence against this applicant other than the statement of the accomplice which can not be used as a piece of evidence against the present applicant accused, and there is no any other evidence in the said crime against this applicant. From the papers of investigation, it is pointed out by learned APP appearing for the State that other than the statement of accomplice, there is no any other evidence against this applicant and if it is so, case is made out to enlarge the applicant on bail by using discretion u/s. 438 of Cr.P.C. In the premise, following order - O R D E R 1. Application is allowed. 2. The applicant be released on bail in the event of his arrest in connection with CR No.160/2009, registered in Nagar Taluka Police 3 Station on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. This protection is granted till filing of the charge-sheet. 4. Applicant is at liberty to move for regular bail application, after the charge sheet is filed. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.272-10