IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 748 OF 2009 CRIMINAL APPLICATION NO. 748 OF 2009 CRIMINAL APPLICATION NO. 748 OF 2009 Shri Yogesh @ Arun Sanjay Potinde ...Applicant vs. The State of Maharashtra ...Respondent Mr.Girish R. Agarwal for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 12, 2009 DATED : MARCH 12, 2009 DATED : MARCH 12, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 302, 397, 201, 120B read with 34 of the IPC vide C.R.No.172/2008 registered at Satpur Police Station, Nashik. 3. Prosecution case is that the applicant alongwith others boarded the car of the deceased and thereafter strangulated him and threw the dead body in Godawari - 2 - river at Nashik. 4. Counsel for the applicant submits that the applicant, in fact, had informed the police about the said incident on 12th September, 2008 and in view of his statement, the other three persons were arrested. A confessional statement of the applicant has been recorded by the Magistrate under Section 164 of the Cr.P.C. In the present case, charge-sheet has been filed. Taking into consideration the fact that on the basis of the complaint lodged by the applicant herein, further investigation was carried out by the police and the other accused have been arrested, in my view, detention of the applicant, under these circumstances, is not necessary. The prosecution has not decided whether the applicant should be made an approver in view of his statement recorded under Section 164 of the Cr.P.C. Further, it is not the case of the prosecution that the applicant had committed any overt act or had strangulated the deceased with the rope. 5. The applicant, therefore, under these - 3 - circumstances be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station twice in a month. 6. The application, accordingly, is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)