Suresh Pawar vs State of Chhattisgarh

K.H.N. Kuranga, C.J.

Heard both the counsel.

This is an application u/s 439 Cr.P.C. filed by the applicant for grant of bail. He is one of the accused in Crime No. 3 of 2002, registered in Regakhar Police Station for the offences punishable under Sections 302 and 201 read with Section 34 of IPC.

It is submitted that there are four accused in the said case; one is the applicant, second is Kokram Patel, third is Thammanlal Patel and fourth is Anjilal.

The case of the prosecution is that on the night o 17.7.2002 and 18.7.2002 the applicant assaulted deceased Tursa Bai who was his kept mistress and committed her murder, buried her dead body near a Nala, thereafter took out the dead body and burnt the same. On the complaint filed by Anjila one of the co-accused the aforesaid case was registered and the investigation was taken up. It is submitted that the Police have recovered the broken bangles and the Chappal of the deceased near the place where the dead body was buried. The complaint was filed by co-accused Anjilal on 2.2.2002 and the applicant was arrested on 4.2.2002 and it is the case of the prosecution that the applicant also confessed to commission of the murder by him. Anjilal in his complaint has also stated that the applicant also confessed before him that he had committed the murder of the deceased.

Learned counsel for the applicant submitted that the confession made before the Police and the confession made before co-accused Anjilal cannot be relied upon. He also submitted that the Police have not collected any material to show that the bangle pieces and the Chappal recovered from the place where the dead body of the deceased was said to have been buried have also not been identified by anybody.

Except the extra judicial confession made by the applicant and the statement of co-accused Anjilal and the aforesaid recovery of the bangle pieces and the Chappal of the deceased, there is no other material. Having regard to this material on record, I am of the opinion that it is a fit case to enlarge the applicant on bail.

Accordingly, the application is allowed. The applicant is directed to be released on bail on his executing a bond in sum of Rs. 5,000/- (Rupees Five Thousand only) with two sureties for the like sum to the satisfaction of the Court concerned for his appearance before the said Court/trial Court, or as and where so directed.

Parties are enttled for certified copy of this order.