BA-826-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.826 OF 2011 Hilal Jirayatali Shaikh ... Applicant V/s. The State of Maharashtra, Thru' Akluj Police Station, Tal. Malshiras, Dist. Solapur ... Respondent Mr. Raju Yamgar with Mr. Prabhakar Jadhav for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 7 TH JULY, 2011. P.C. : 1. Heard. 2. The Applicant is Accused No.2 in C.R. No.19 of 2011 registered with Akluj Police Station, Taluka Malshiras, District Solapur. The allegation against the Applicant and the other accused is that they have committed offences punishable under Sections 302 IPC and 201 IPC read with Section 34 of the IPC. The Applicant was arrested on 31st January, 2011 and continues to be in custody till today. The investigation is over and Charge-Sheet has been filed. 3. With the assistance of the learned Advocate for the Applicant and the learned APP for the Respondent, I have glanced through the entire Charge-Sheet. BA-826-11.sxw 2 Dixit 4. The F.I.R. has been lodged by one Firoz, who is the uncle of the deceased Rajib. It appears that Rajib had some dispute with one Faiju Shaikh - the Accused No.1. The said Accused No.1 is alleged to have killed the said Rajib with the help and assistance of the present Applicant. The Applicant seems to be implicated only on the basis of the statement made by the co-accused Faiju Shaikh before the Police. 5. The case of the Investigating Agency against the co-accused is that on 22nd January, 2011, he had taken the said Rajib to some place on his motor cycle. The only material against the Applicant is that when the said Faiju Shaikh returned after midnight, the present Applicant was with him on the motor cycle. 6. The Applicant is also alleged to have pointed out the place where the dead body was lying, which place was already known to the Investigating Agency. It is also submitted by the learned APP that the Applicant pointed out the place where the motor cycle had been parked. 7. Except this, there is no other material to connect the Applicant with the alleged offence. As already observed, he appears to have been implicated on the basis of the statement made by the co-accused Faiju Shaikh. 8. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail. 9. The Bail Application is allowed. BA-826-11.sxw 3 Dixit 10. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, or two sureties in the sum of Rs.20,000/- each, on the condition that the Applicant shall report to the Akluj Police Station, Tal. Malshiras, Dist. Solapur, on every Sunday, till the disposal of the case against him. [A.M. THIPSAY, J.]