MOHD. HAROON ISMAIL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is involved in offence under Section 302 IPC in C.R. No. 154 of 1996 registered at D.C.B., C.I.D. on 27-5-1995. In short, the petitioner along with the deceased who was a deaf and dumb boy came from Varanasi to Bombay and a Hotel room was booked for staying. The petitioner left Bombay on the very day evening as per his case while two days thereafter, because of the foul smell coming out of that room, the same was opened by the police and the boy was found dead. Information thereof was given to the police and in due course offence came to be registered. During the course of the investigation, it was found that the deceased was last seen in the company of the petitioner when he had come to Bombay and further the petitioner had informed one Mustaq to tell anyone if phone is received for Mohammed Javel @ Mohammed Arif that he does not know anything. If further appears that the petitioner had made two telephone calls from Varanasi to the house of Mustaq. Only on the basis of these two circumstances, the petitioner came to be arrested and has been remanded to judicial custody. The Sessions Court, Greater Bombay rejected his bail application.

(2.) HAVING regard to the aforesaid only two circumstances particularly when there is no eye witness and the case depends on the circumstantial evidence, I find this to be a fit case for grant of bail. Accordingly, the petitioner is directed to be released on bail on his furnishing surety to the extent of Rs. 10,000/- (Rupees ten thousand only) and P.R. for the like amount on the condition that he shall not leave the limits of Greater Bombay until the conclusion of the trial without the permission of the Session Court. Surety shall be local. He shall also report to the office of the D.C.B., CID everyday at any time between 10 AM and 6 PM.