1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 358 OF 2011 ( Shrawan Watuji Gurnule & Ano. Vs. State of Mah. PSO PS Ghot Distt. Gadchiroli) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri N. R. Bhishikar Adv for applicants. Shri S. S. Doifode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 26th JULY, 2011. . The accused/applicants 1 and 2 are seeking bail against whom offence bearing Crime No. 4 of 2010 under Sections 302, 201 read with Section 34 of Indian Penal Code is registered at the police station Ghot Tahsil Chamorshi District Gadchiroli. On 11.01.2010 Shri Pandhre, Range Forest Officer, Ghot lodged First Information Report alleging that Forest Guards by name Sainath Chichghare and one another by name Gautam Durge had gone on petrolling duty on 06.01.2010 on bicycle. Thereafter, they did not return. On 10.01.2010 Forest Guard by name Uddhav Naitam learnt that two dead bodies were lying in deep forest. Mr. Pandhare went to the spot and found Sainath Chichghare and 2 Gautam Durge lying dead. There were homicidal wounds on their persons. No headway in the investigation was made till 27.08.2010. With the arrest of the present applicants and two others the investigation agency could unfold the story of killing of the deceased. Heard learned counsel for the applicants and learned APP at length. Present applicants have been arrested on 27.08.2010. Circumstantial evidence collected against the applicant no.1 Shrawan Gurnule is the statement made by him on 04.09.2010 which resulted in discovery of two bullocks, one bullock cart and the clothes. Statement made by the applicant No.2 Maroti dated 04.09.2010 resulted in discovery of bullock cart, bullocks, wooden logs, axe and clothes from his possession. Both the applicants are agriculturist. Finding of bulloks, bullock carts, axe etc. in their possession in no way or atleast alone can be an incriminating circumstance. No blood stain was noticed on the axe or on clothes seized at the instance of both the applicants. The prosecution is harping upon the extra judicial confession made by one of the accused to one Maroti. The co- accused had disclosed the names of present applicants as their 3 associates in commission of the offence. This is extra judicial confession and that too of the co-accused. Considering the state of evidence, accused are entitled to be released on bail. Accused/applicants 1 and 2 are liable to be released on bail on their executing PR Bond in the sum of Rs. 50,000/- each with two sureties each in the like amount. They shall attend the police station Ghot Tahsil Chamorshi District Gadchiroli as and when called. Hamdast allowed. JUDGE svk 4