VINOD S KHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Counsel for the parties. The evidence as against the applicant as a conspirator, is founded on two statements of witnesses and telephone calls received on Mobile No. 9869321505 and 2234353466 respectively on the relevant date. The statements of two witnesses have been recorded much later than the incident. Besides the statements ascribing the presence of the applicant during the discussion that the deceased should be eliminated, no other incriminating evidence has been found. Insofar as the recovery of mobile phone from the applicant is concerned, it is not disputed that no sim card was recovered from the applicant. The mobile phone, which is stated to have been used by the applicant, is certified by the concerned telephone agency to be belonging to Mr. Indrajit Kargatia and not the applicant. Be that as it may, investigation is complete. Charge sheet has also been filed. The presence of the applicant can be ensured during the trial if the applicant is released on bail on strict conditions. Accordingly, this application is allowed on the following terms:

(2.) PARTIES to act on the authenticated copy of this order.