IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 769/08 Nilkanth Kondu Kude vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 27 th MARCH, 2008. Heard Shri R.P.Joshi, Advocate, for the applicant and Shri Fulzele, A.P.P. for respondent State. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. Interim order was passed on 29th February, 2008. The question is whether that order needs to be confirmed. While considering the matter for interim bail, it was considered that there was, ex-facie, no motive for the applicant to commit the alleged offence. Learned A.P.P. has contended that the applicant had taken the deceased for Maharashtra Darshan prior to 29.12.2007. The deceased was found dead on 31.12.2007. The theory of last seen together is alleged for the date of 30.12.2007 on the basis of the statement of one Rajesh Gopala. On perusal of that statement, it appears that the witness had allegedly seen the deceased along with one Bandu Mohitkar. It is stated by him that one boy was seen in the car along with him. This Bandu Mohitkar is an accused. It is necessary to bear in mind that the identification of that boy as deceased is seen to have been made on the strength of photograph. The other evidence which is pressed into service by the learned A.P.P. may point out the suspicion on the applicant, however, the theory of last seen together as on 30.12.2007 i.e. between the dates on which they had returned from Maharashtra Darshan and the dead body was found, appears to be little weak. In these circumstances, the implication of the applicant appears to be only on the basis of suspicion. Of course, this is prima facie view, but then in such case, the applicant would be entitled for confirmation of the interim order. Hence the order dated 29th February, 2008 is confirmed as follows. In the event of arrest of the applicant for the offence punishable under Sections 302, 201, 34 of the I.P.C. in Crime No. 13/2007, of Police Station Lathi, he be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall attend the Police Station Lathi, Distt. Chandrapur, as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Bail in trial Court. It is made clear that the prosecution shall be entitled to move application for cancellation of bail if more evidence is found against the applicant or if he does not cooperate with the investigation. It is also made clear that the above observations are in prima facie view of the matter and shall not influence the trial Judge in any way while deciding the matter on merit. Hamdast granted. JUDGE Rvj.