1. Heard. This is an application under section 439 of Code of Criminal Procedure, 1973. Applicant herein is arrested on 15/02/2013 in crime No.59 of 2013 registered at Panvel City Police Station for offence punishable under sections 363, 365, 302, 201 r/w 34 of Indian Penal Code and section 120(B) of Indian Penal Code.

2. It is the case of prosecution that one Atul Mhatre who was working as a clerk in CIDCO went missing after the office hours of 08/02/2013. His car was seen in an abandoned state at Uran-Panvel Road on 09/02/2013. His shoes and the wig which he was wearing, when he had been to the office on 08/02/2013 were also found near the car. Hence, missing report was lodged and was registered as missing report No.12 of 2013 and the offence punishable under section 363 of Indian Penal Code was registered against unknown persons. On 10/02/2013, post mortem was conducted on the dead body at 8.15 pm. Post mortem notes would reveal that small maggots were found in the oral cavity. Body was in a stage of decomposition. Epidermal layer of skin peeling off all over body especially genitals, chest, abdomen and upper and lower extremities, foul smelling body etc. Hence, it is