Santosh @ Bapu Viswanath Kale And ANR v. The State Of Maharashtra
criap3683.16 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3683 OF 2016 1.
Santosh @ Bapu Viswanath Kale, Age : 33 years, Occu. Agri., R/o Garkheda, Tq. Jafrabad, Dist. Jalna 2.
Suresh Viswanath Kale, Age : 24 years, Occu.Agri., R/o Garkheda, Tq. Jafrabad, Dist. Jalna ..APPLICANTS
VERSUS
The State of Maharashtra ..RESPONDENT Mr D.K. Dagadkhair, Advocate for applicants; Mr A.S. Shinde, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.
DATE : 10th August, 2016 ORAL ORDER :
Heard.
2.
By the present application under section 439 of the Code of Criminal Procedure, the applicants seek their release on bail, in connection with C.R. No.3 of 2016, registered with Tembhurni police station, Dist. Jalna, for offences punishable under sections 394, 396, 397 and 302 of the Indian Penal Code.
3.
The investigation in the matter is complete and charge-sheet is already filed.
4.
The applicants were arrested on 16th March, 2016.
criap3683.16 (2) 5.
The applicants' connection to the crime in question is sought to be established through recovery made from Santosh, who is claimed to be involved in one more crime.
6.
Upon perusal of the investigation papers, in my opinion, there is hardly any material to prima facie infer that the applicants are involved in the crime in question. The entire case is based on circumstantial evidence, which is not strong enough to infer prima facie involvement of the applicants in the crime in question.
7.
In view thereof, the applicants deserve to be granted bail. I, therefore, pass following order :- The applicants be released on bail, in connection with C.R. No.3 of 2016, registered with Tembhurni police station, Dist. Jalna, for offences punishable under sections 394, 396, 397 and 302 of the Indian Penal Code, on each of them furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.
The applicants shall not tamper with prosecution evidence or influence witnesses.
Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj