1 cri.app.no.1379 & 1650/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLCIATION NO.1379 OF 2009. Rahul s/o Marotrao Dhembare .. Applicant Versus State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.1650 OF 2009. 1. Mohan s/o Narayanrao Khandare. 2. Bhimrao @ Ganesh @ Khande s/o Narayan Khandare .. Applicants. Versus State of Maharashtra .. Respondent. ...... Mr.S.P.Katneshwarkar, Advocate for the applicant in Cri.Appln.No.1379/2009. Mr.Swapnil Rathi, Advocate for the applicants in Cri.Appln.No.1650/2009. Mr.N.H.Borade, APP for the respondent/State in both the applications. ...... 2 cri.app.no.1379 & 1650/2009. CORAM : A.V.NIRGUDE, J. Dated: 7th July, 2009. COURT’S ORDER: 1. Both these applications can be decided by this common order, as the applicants are seeking bail in one case. 2. The applicants are accused of committing murder etc. of one Sanjay. Sanjay's dead body was initially cited on 20th October, 2008 at Basmat. The police came and forwarded the dead body for post-mortem. It was revealed that Sanjay had died homicidal death. He had suffered head injury. Initially, it was not clear as to who killed Sanjay, but during the investigation the applicants came to be arrested. The applicants Bhimrao and Mohan are brothers interse, whereas applicant Rahul is alleged to be their acquaintance. 3. It is the prosecution case that the applicants committed murder of Sanjay and committed theft of his mobile handset. It is the prosecution case that the sim card of the deceased was used by Bhimrao, whereas the handset belonging to the deceased was sold by accused Bhimrao. Witness Naonath stated that Bhimrao came to him some time in November, 2008 and offered the handset belonging to deceased 3 cri.app.no.1379 & 1650/2009. Sanjay for sell and he sold the same to another witness by name Bhaskar. Prosecution witness Milind, who happens to be the applicant Rahul's brother stating that in June, 2008 applicant Rahul handed him over a sim card without mentioning the name of the owner. He said that, he could use the sim card. Milind, however did not use the sim card and after two months handed it over to applicant Bhimrao, who thereafter used it to make a phone call to witness Ravindra. There is no other material against the applicants. Besides this, there is nothing on record to show that the handset which the applicant Bhimrao sold in November, 2008 to witness Bhaskar belonged to the deceased. The record shows, the sim card belonging to the mother of the deceased was already with applicant Rahul, Milind and Bhimrao since prior to the incident. The material against the applicants is rather thin and in my view they deserve bail. Both the applications are allowed. i) The applicants in both the applications are released on bail of Rs.15,000/- (Rs.Fifteen Thousand only) each, with one surety in the like amount, each. (A.V.NIRGUDE,J.) lkp 4 cri.app.no.1379 & 1650/2009.