1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1997/2010 (Raju Mahipati @ Maifati Narwade .vrs. 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 Mr. R.P. Ghanwat, Advocate for applicant, Mr. P.V. Bhoyar, APP for respondent. .......... CORAM : P.D. KODE, J DATED : JANUARY 21, 2011 Heard. The submission of learned counsel for the applicant that the entire prosecution against the applicant and co-accused rests upon the circumstantial evidence and even such material collected against the applicant does not transcend beyond deceased being seen alive lastly in company of the applicant and the other co-accused at 7.30 pm on relevant day is prima facie found correct after perusal of the material in the chargesheet. Though it is true that as pointed out by the learned APP in the chargesheet contains the material in a shape of statement of Shaikh Munaf Shaikh Baba, who had seen the deceased along with the company of 2-3 persons at 10.15 pm behind the Hotel/Wine shop, the chargesheet does not contain any further material of the nature of identification parade or otherwise leading to prima facie inference that the applicant and/or co-accused were amongst 2-3 persons. Having regard to the same, prima facie, there is no material leading to the 2 conclusion that the deceased was last seen alive in the company of the applicant and other co-accused at 10.15 pm near wine shop. On the contrary the same material is suggestive of deceased may be in the company of said 2-3 other persons at 10.30 pm prior to occurring of his death in same night. The learned APP was also not able to pinpoint any other material from charge-sheet prima facie linking the applicant with the crime except some quarrel having occurred in rickshaw at 6.30 pm or thereabout in between deceased, applicant and co-accused. In view of such character of prosecution material, the prayer for bail made by the applicant deserves to be upheld. Hence the order : The applicant/accused is directed to be released on bail in connection with Crime No.69/2010 of Risod Police Station upon furnishing a P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety in the like amount and subject to the conditions that the applicant : (i) after his released on bail, shall attend the investigating officer in between 11.00 am to 2.00 pm on every Monday for a period of first two months and, thereafter, on every alternate Monday for a period of next two months and, thereafter, on every Monday until conclusion of the trial, (ii) shall stay upon the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. 3 The application stands disposed of. Hamdast allowed. JUDGE Gulande