1appln-5481-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 5481 of 2009 Vitthal @ Anna Markad .. .. .. Applicant. versus The State of Maharashtra .. .. Respondent. Mr Surel S.Shah, for the Applicant. Mrs A. S. Pai, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 27TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application for regular bail preferred by the applicant arrested in C.R. No. 24/2009 registered with Natepute Police Station, Taluka Malshiras, District Solapur, for the offence punishable under Sections 302, 364, 201 read with section 34 of Indian 2appln-5481-09 Penal Code. 2. Certain facts of the present case are peculiar in nature, inasmuch as that the entire case of the prosecution is based on circumstantial evidence as to present applicant and co- accused last seen together with the deceased boy Sachin Markad, age about 18 years. According to the prosecution, there are three witnesses who had mentioned that on the earlier night of 7.3.2009 present applicant and his associates were seen along with the deceased boy while they were taking him along with them on the motor-cycle being driven by the present applicant. Admittedly, from that night i.e.from 7.3.2009 deceased boy was missing. Initially, missing complaint was lodged but no any allegations were made against the present applicant, as it was not known as to what had happened to said boy. Subsequently, on or about 20-3-2009, dead body in mutilated condition was found. Almost, only the bones were found along with some remains of clothing. According to the first informant, said clothing were identified as that of deceased boy. It is significant to note that thereafter still no F.I.R. was lodged alleging the offence of murder. However, according to the F.I.R. 3appln-5481-09 on 3.4.2009 one witness by name Amol informed her regarding present applicant and co-accused last seen with the deceased boy. After this revelation, F.I.R. in the matter was lodged on 4.4.2009 and on the same date the present applicant and co- accused were put under arrest. On the next day of the arrest, allegedly, the applicant and the co-accused made voluntary statements to produce the clothes which they wore during the incident of causing death of the deceased boy. Such clothes were recovered at their instance. C.A.report shows finding blood of “O” group on the said clothes. However, significantly enough the blood group of the deceased is not established as only the bones were found without there being any sample for testing of the blood group. 3. Prosecution relies on the statements of three witnesses so far as the circumstance of last seen together with deceased is concerned. It is significant to note that only after the arrest of the present applicant such statements were made before the police for the first time on 5.4.2009. On this aspect, the learned A.P.P. for the State submitted that these statements are also recorded before the Magistrate under the provisions of 4appln-5481-09 164 of Cr.P.C. Still accepting said situation, there is, prima facie, no explanation as to why immediately on the night of 7.3.2009 there was no such disclosure to the police, at least by the witness by name Amol who allegedly made this fact aware to the first informant on 3.4.2009. From the statement of said witness Amol, it is apparent that he was knowing regarding the missing of the deceased boy on the night of 7.3.2009. However, he did not chose to inform anybody from the family members of the deceased or to go to the police to inform anything regarding the present applicant and his co-accused last seen with the deceased boy. 4. Considering the above prima facie material on imposing certain conditions the present applicant can be released on bail. Hence the following order. (a) Bail application is allowed. (b) The applicant arrested by the in C.R. No. 24/2009 with Natepute Police Station, shall be released on bail on executing a P.R. bond in the sum of Rs. 20,000/- with one surety in the like amount . 5appln-5481-09 © On availing the bail the applicant shall attend concerned police station once in a week on every Monday between 10-00 a.m. to 12.00 noon till conclusion of the trial. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of in above terms. (A.R.JOSHI,J) LRS-PA