MADHAVSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for grant of bail. The applicants are shown as accused in Crime No. 130/2002 registered by Police Station, Katol for the alleged offence punishable under sections 201, 302, 397 r/w sec. 34 of the Indian Penal Code. The deceased is one Assistant Sub-Inspector Vasant Bansod. The incident whereby Vasant pulled down from his motorcycle and killed with the motive of robbery occured on 26/5/2002. The police have recorded statement of certain witnesses on 4/9/2002 onwards indicating that extra judicial confession was made to these witnesses by the present applicant No. 1. The extra judicial confession is said to be made sometime in May, 2002 at Indargarh (Datiya), which is in Madhya Pradesh. Apart from this, the other circumstance is of recovery of some articles like ring from the applicant No. 1 and wrist watch from applicant No. 2. The applicant No. 1 was arrested on 6/9/2002 and applicant No. 2 was arrested on 11/9/2002.

(2.) IT appears that the memorandum in both these cases was made in Madhyapradesh. However, I find that the panchas are from Nagpur. Taking into account the facts of the case, the case is based on circumstantial evidence. However, taking into consideration that the accused are from Madhya Pradesh, I intend to impose heavy bail and also impose certain conditions.

(3.) IN the circumstance, it is directed that applicants be released on bail on their executing a P. R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with one surety each in the like amount. The surety should be from Nagpur District and the applicants will report to Katol police station once a fortnight on every first and forth Monday, till the conclusion of their trial. Order accordingly.