(1) CRI.APP. 3633.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3633 OF 2010 1. Pravin S/o Muganath Shinde, Age : 38 years, Occu.: Labourer, 2. Ajitkumar S/o Muganath Shinde, Age : 25 years, Occu.: Labourer Both R/o Sanjay Nagar, Deulgaon Rama, Tq. Deulgaon Raja, District Buldhana .. Applicants (Accused nos.1 & 4) VERSUS The State of Maharashtra, Through Police Inspector, Police Station, Tembhurni, Tq. Jafrabad, Dist.Jalna (Copy to be served on Addl. Public Prosecutor, High Court at Aurangabad) .. Respondent ... Mr. P.V. Tapse Patil, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application for bail. 2. The applicants are brothers inter-se. They have been charge-sheeted with other three accused (2) CRI.APP. 3633.2010 persons for offences punishable under section 305 and 396 of the I.P.C. 3. Heard Advocate for the applicants and learned APP. 4. Perused the investigation papers. After due investigation the chargesheet has been filed and now detention of the applicants may not be necessary, unless it is prima facie explicit that they or either of them is involved in the serious crime of dacoity and murder. 5. The FIR purports to show that on 30.3.2009 informant Renuka and her husband went to bed whereas the other members of the family were hiding in another room. After the midnight some dacoits entered the house by committing house breaking. They were concealing their faces by muffling with cloth pieces and immediately started beating the informant and her husband. Her husband tried to resist the assault. One of the dacoit stabbed her husband by means of a sharp edged weapon and, (3) CRI.APP. 3633.2010 therefore, he fell down in pool of blood. The other inmates of the house opened the front door and, thereafter, the dacoits immediately fled away alongwith mobile phone of the deceased-Baliram. 6. It prima facie appears that the mobile phone was recovered from a well at the instance of the applicant no.1 during the course of investigation, in pursuance to his statement under section 27 of the Evidence Act. The identity of the mobile phone is corroborated by the informant and the other members of the family. The fact that deceased Baliram was assaulted in the relevant midnight is also corroborated from the Police statements of the other inmates of the house. The post-mortem shows that deceased Baliram had received multiple injuries and died on account of severe hemorrhage. 7. Considering these aspects, there appears prima facie evidence to implicate the applicant no. 1-Pravin in the heinous offence of dacoity and murder. Still, however, there is no tangible (4) CRI.APP. 3633.2010 material to infer complicity of the applicant no.2- Ajitkumar in the alleged crime. It appears that in pursuance to the statement of co-accused he has been arrested being the brother of the applicant no.1. No recovery was effected from him. There is no eye witness account about his presence at the time of alleged dacoity and murder. No recovery of any weapon was effected from him. 8. Taking overall view of the matter, the Application is partly allowed. The applicant no.2- Ajitkumar is directed to be released on bail on furnishing of bail bonds in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety bond and by following the Circular issued by the Registrar General of the High Court in respect of the requirements to furnish the details by the accused about the addresses of his relatives etc. The applicant no.2-Ajitkumar shall report his presence at Tembhurni Police Station on each Tuesday and Saturday between 6.00 pm. to 8.00 pm. throughout the period of the trial and, if he will report to fail his presence at the Police Station for any two (5) CRI.APP. 3633.2010 consecutive days, so specified, the bail order may be deemed as revoked and he shall be arrested immediately. The Application of applicant no.1- Pravin stands dismissed. Sd/- [V.R. KINGAONKAR, J.] arp