1 BA-1693-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL BAIL APPLICATION NO. 1693 OF 2011 Shri Murari Vishwanath Jha ... Applicant vs. State of Maharashtra ... Respondent Mr. L.M.Shukla,Advocate, for the applicant. Mr. Y.M.Nakhwa,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 24th November, 2011. P.C. 1. The applicant seeks to be relesed on bail in Crme No.60 of 2011 registered with Virar Police Station under Sections 302, 201 read with Section 34 of IPC. 2. Prosecution case, in brief, is that deceased Shatrughan was residing in a chawl at Chandangavari Compound, Sakharnagar, Virar (East). The present applicant Murari, his brother Amit and father Vishwanath also reside in the same chawl. On 21.2.2011, at about 2.30 a.m. another accused Amit, who is brother of the present applicant and one more person took Shatrughan to Virar Police Station 2 BA-1693-11.sxw in injured condition. From there he was taken to Borivli Hospital and then to Bhagwati Hospital where he was declared dead. A large number of injuries, including fractures were found on his body and as per the post-mortem report, he had died due to haemorrhage and shock due to head injury and multiple contusions. The injuries appear to have been caused with some sticks or blunt weapons. The FIR was lodged on 21.2.2011 at 9 p.m. by Abhiram Devnarain Jha, who is brother of the deceased Shatrughann. According to him, he had come to know that at about 2 a.m. in the night friend of accused Amit had called Shatrughan from his house and thereafter he was found in unconscious condition in the Lane behind the house of Amit Jha. After investigation, charge sheet was filed against Amit and present applicant alleging that for some unknown reasons, they had called Shatrughan from his house at about 1.30 a.m. and had mercilessly beaten him with sticks and caused his death. Prosecution relies on the statement of one Anand Jha, who is resident of the same area. According to him, at about 1.30 a.m., he had heard some commotion and noise of beating and therefore he came out from his house and found that Amit and Murari were beating somebody. Later on, he came to know that the injured was Shatruggan Anand Jha is the only witness, who claimed to have seen the incident. Other witnesses state that they came to know that accused persons had beaten Shatrughan. The statement of Anand Jha also shows that it was dark in the lane and therefore he could not see 3 BA-1693-11.sxw what clothes were worn by Murari and he could not identify Shatrughan because of the darkness. In view of these circumstances and the fact that inspite of investigation, police could not find out any reason why the applicant should have called the deceased from his house after midnight and to have beaten. 3. In view of the above facts and circumstances, the applicant be released on his executing P.R. of Rs.25,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall report at Virar Police Station on every Saturday between 6 to 8 p.m. Till end of the trial. (J.H.BHATIA,J.)