(1) CR.APP. 1978.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1978 OF 2009 1] Rameshwar S/o Shankar Gaikwad, Age : 21 years, Occu.: Agri., 2] Bhau S/o Maruti Taware, Age : 22 years, Occu.: Agri., 3] Rupesh S/o Nathu Taware, Age : 22 years, Occu.: Agri., 4] Sandip S/o Mahadev Choudhary, Age : 21 years, Occu.: Agri., All R/o Jambli, Tq. Haveli, Dist. Pune .. Applicants Versus The State of Maharashtra, (Copy to be served on Public Prosecutor, Bombay High Court, Bench at Aurangabad) .. Respondent Mr. A.M. Gaikwad, Advocate for the Applicants Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 15TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking bail in crime no.234 of 2007 registered at Georai Police Station, (2) CR.APP. 1978.2009 Dist. Beed for the offences punishable under section 363, 302, 201 r/w 120-B of the Indian Penal Code. 2] It is the prosecution case that on 22nd February, 2007 one Ankush and few unknown persons came to the house of the deceased and forcibly took him away in a car. Subsequently, the dead body of the deceased was located in a secluded place. Thereafter, the Police arrested two persons by name Ankush and Arjun, but the Police could not arrest the remaining accused, though they showed them as absconding. The arrested accused thereafter were chargesheeted and they faced the Sessions Case. I am told, on 31st January, 2009 they were acquitted. Thereafter, on 11th March, 2009 the present applicants were arrested. It is the case of the prosecution that they are the absconding accused in the above mentioned case of murder. 3] The applicants were identified by two eye witnesses in an identification parade, as the persons who had taken away Vilas from his house on 22nd February, 2007. 4] The applicants, in my view, deserve bail. The material against the applicants is rather thin. The identification of the applicants after two years, is in my view a weak circumstance. Besides the other accused stood acquitted from the case. (3) CR.APP. 1978.2009 5] The applicants are released on bail of Rs.5000/- (Rs.Five Thousand) each with one surety each in the like amount. 6] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/15july9/cr1978.09