BA-569-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 569 OF 2022

Arif Nisar Soudagar

… Applicant

Versus

The State of Maharashtra

… Respondent

.…

Mr. Ganesh J. Kore, Advocate for applicant

Mr. R. B. Bagul, APP for respondent - State

.…

CORAM : R. G. AVACHAT, J.

DATED : 06^th SEPTEMBER, 2022

PER COURT :-

.

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The applicant has been arrested in

connection with Crime No.0054/2021, registered at Washi Police

Station, District Osmanabad, for the offence punishable under

Section 302 of the Indian Penal Code.

2.

Heard. Perused the First Information Report (FIR) and

related papers.

The FIR has been lodged by the son of the deceased on

23.01.2021. The prosecution case in short is that the deceased –

Vitthal was alcoholic. He would consume daily and wander

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anywhere. He left his home on 22.01.2021. He was in drunken state

all day. He even did not return home in the evening. There is a petrol

pump in the village. Shri Deepak Limkar, the owner of the petrol

pump told the informant on cell phone that his father was lying on a

platform near his petrol pump. He asked the informant to take him

home. The informant therefore left the house to bring his father back

home. The father was, however, not found at the place. While

making search for the informant’s father, he (father) was found lying

injured in a mango orchard of one Kaka Chavan. It was found that

head of the deceased was smashed with the stone. Trouser and

underwear of the deceased was removed from his person.

3.

The crime was therefore registered against unknown

person. During investigation, it was found that the applicant was

serving with Deepak Limkar. The applicant too was adicted to liquor.

There was quarrel between him and the deceased. The applicant

therefore committed murder of the informant’s father.

4.

The learned Advocate for the applicant would submit

that the applicant is in jail for about twenty (20) months. He is 21

years of age. Trial has not yet commenced. The case is based on

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circumstantial evidence. He, therefore, urged for grant of

application.

5.

The learned APP would, on the other hand, submit that

the applicant was last seen in the company of the deceased. The

blood stains on his ‘T’ shirt was recovered pursuant to the disclosure

statement. Dog tracking evidence is against the applicant. He,

therefore, urged for rejection of the application.

6.

Perused the FIR and the related papers. The case is

based on circumstantial evidence. The applicant is 21 years of age.

He is in jail for little over twenty (20) months. Trial has not yet

commenced. The deceased was alcoholic. The CA report pertaining

to the ‘

T’ shirt of the applicant, recovered pursuant to his disclosure

statement, is inconclusive. The sniffer dog did not lead anywhere

close to the applicant. Although one Balasaheb Chavan in his

statement under Section 161 Cr.P.C. claimed to have had seen the

applicant and the deceased together at the material time, did not

support the prosecution in his statement under Section 164 Cr.P.C.

He stated to have had seen the deceased and one unknown person

together. He even claimed ignorance as to whether the other person

in the company of the deceased was drunk.

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Without observing anything more, suffice it to say that

the aforesaid material leads this Court to grant the applicant, bail.

Hence, following order:-

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with

Crime No.0054/2021, registered at Washi Police

Station, District Osmanabad, for the offence

punishable under Section 302 of the Indian Penal

Code, on his executing P. R. bond in the sum of

Rs.15,000/- (Rupees Fifteen Thousand) with surety

bond of the like amount.

(iii)The applicant shall not tamper with the prosecution

evidence.