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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 64 OF 2015

(Raju Motiram Ingale .v. State of Maharashtra)

Office Notes, Office Memoranda of Coram

appearances, Court's orders or directions Court's or Judge's Orders

and Registrar's orders.

Shri P.B. Patil, Advocate for the applicant.

Ms. N.P. Mehta, APP for the respondent/State.

CORAM :

PRASANNA B. VARALE, J.

23RD MARCH, 2015.

Heard.

By way of present application, the applicant is before

this Court seeking his enlargement on bail in connection with

Crime No.22/2014 registered with the Police Station, Raipur,

District Buldana for the offence punishable under Sections 302,

201 read with Section 34 of the Indian Penal Code.

On finding a dead body floating in a canal, one Ganesh

Hiwale made a report to Police Station, Raipur. The police

machinery reached the spot. Necessary steps, such as drawing

panchnama of the scene and spot of the incident was carried out.

The dead body was removed from the canal. It was found that a

stone weighing 10 kg. was tying to the body. On the search of the

apparels of the deceased, a tailor scissor and one mobile hand set

were found. The inquest panchnama was prepared. The dead

body was forwarded for postmortem. In further enquiry, it reveals

that it was the dead body of one Uttam Kakde, resident of

Kesapur. In the enquiry with the relatives of Uttam, namely his

parents, wife, brother and his brother-in-law, it reveals that Uttam

Kakde was under the treatment at the Civil Hospital, Buldana in

the year 2013. In the medical investigation, it reveals that Uttam

was carrying Tuberculosis and was also a patient of HIV. Initially,

though the relatives of Uttam themselves expressed no suspicion

over the death of Uttam and submitted that Uttam might have

committed suicide being fed-up with his prolong ailment, the

investigating agency was of the opinion that the death of Uttam

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was not a suicidal death but the death by strangulation.

Shri Patil, the learned Counsel for the applicant

vehemently submits that though the investigating agency, on the

basis of the marks over the body and the opinion expressed in the

postmortem report that the probable cause of death is due to

asphyxia due to strangulation, arrived at a conclusion that the

death of Uttam was not a natural and normal but a suspicious and

abnormal one. By this material itself arriving at a conclusion that

the applicant committed murder of the victim is a farfetched

story. Shri Patil further submits that the case against the applicant

foisted is only on certain circumstances, wholly insufficient to

connect the applicant with the commission of crime. He also

submits that it is not denied that the applicant is the maternal

uncle of the victim. The learned Counsel then by inviting my

attention to the statement of Smt. Sharda Uttam Kakde recorded

on two occasions as well as the material in the form of recovery of

piece of rope, submits that this is the material which is alleged

circumstance against the applicant. He further submits that this

material noway leads to any positive conclusion of the role played

by the applicant in the alleged crime. Shri Patil, the learned

Counsel for the applicant further submits that the applicant is

behind the bar since 29.10.2014 and the other accused is already

enlarged on bail. Thus the submission of the learned Counsel

seeking enlargement of the applicant on bail is on merit as well as

on the ground of parity.

Ms. Mehta, the learned APP vehemently opposes the

application and submits that there are various statements of the

witnesses recorded by the investigating agency. These statements

reveal that the vi