ARUN SAUDAGAT YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Dead body of Bhimrao Nivruti Salunke was found on 7-11-1997 within limits of village Kandhar Kem in taluka Karmala Dist. Solapur. The complainant Baban his brother, identified this body as that of his brother Bhimrao. Later on persons gathered there as they went along trailing blood, in a ditch, blood was found collected. Therefrom, it was found that Bhimrao must have been murdered by some unknown persons and to that effect, Baban lodged complaint in Karmala police station on 7-11-1997. Petitioners came to be arrested on 11-11-1997 by Karmala police and thereafter they applied to the Sessions Court, Solapur, for grant of bail. The Additional Sessions Judge, Solapur, by his order dated 1st December 1997 rejected the application for bail and hence the present application.

(2.) I have heard Shri Mane for the petitioners and Shri Behere, A.P.P. for the Respondent-State. At the outset, Mr.Mane prayed for withdrawl of the application on behalf of petitioner No.2 and the same is permitted to be withdrawn, as even otherwise there is some material against him and case is yet pending investigating and charge-sheet is yet to be filed.

(3.) As regards petitioner No.1 however, there is no evidence at this stage and the First Information Report would go to show that name of the assailants are not at all known to the complainant nor there is any other material so far recovered so as to connect petitioner No.1. The case appears to be based on circumstantial evidence and as such, having regard to the material available as against petitioner No.1, I find this to be a fit case to grant bail subject to certain conditions.