BALU LIMBAJI KISHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON 15-1-1992, a dead body of a female was found in the river at Pandharpur, Dist.Solapur. Information thereof was given to the City Police Station, Pandharpur, whereupon, dead body was taken and inquest was conducted. The dead body was found having injuries and, therefore CR No.6/92 came to be registered against unknown persons for offence of murder under section 302 of the I.P.C. Thereafter, on 14-8-1996, one lady Police Head Constable Padval, received anonymous complaint that the present petitioners have committed murder of their sister and on her report petitioners were produced before the Police Inspector, Paranda, who interrogated them and handed over them to Pandharpur city Police Station. On 28-8-1996, petitioners came to be arrested. It was disclosed that the dead body found, was of Indu,sister of the petitioner No.1 and petitioner No.2 is brother in law of petitioner No.1 Petitioners had applied for grant of bail to the Sessions Court, Pandharpur, but their application has been rejected.

(2.) SHRI Mane for the petitioners submitted that the offence as alleged is disclosed after 4 1/2 years and the only material against the petitioners is that they were last seen together at a remote place in Mankeshwar village, Taluka Paranda, District Osmanabad. In the circumstances,he submitted that this is a fit case to grant bail. Shri Nalavade, APP for the Respondent-State strongly opposed the application and contended that after dead body was found inquest was carried out, but since accused was not detected. A summary final was sought by the police. However, after report in question from Paranda,case was re-opened. Shri Nalavade submitted that there was strong motive for the petitioners to commit murder of Indu,because she was having loose character,having been deserted by her husband and had be gotten a child out of illicit intimacy. There is evidence that the petitioners along with Indu had left for Pandharpur and thereafter Indu was never seen. That is how, Shri Nalavade submitted that there is strong prima facie case against the petitioners.

(3.) ACCORDINGLY , petitioners are directed to be released on bail on each of them furnishing solvent surety to the extent of Rs.5,000/- (five thousand) and PR bond for like amount.