IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 869 OF 2009 CRIMINAL APPLICATION NO. 869 OF 2009 CRIMINAL APPLICATION NO. 869 OF 2009 Mr.Rajan Gangadhar Varadkar ...Applicant (Orig.Accused No.2) vs. The State of Maharashtra ...Respondent Mr.A.P. Mundargi, Senior Counsel i/b. Mr.Shounak Mehta for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 4, 2009 DATED : MARCH 4, 2009 DATED : MARCH 4, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 302, 380 read with 34 of the IPC which was registered vide C.R.No.560/2008 with Khar Police Station, Mumbai. The applicant was working as the Manager of Delmon Hotel at Khar. A dead body of one Tarun Kothari was found in one of the rooms of the said hotel. The case of the prosecution is that accused no.1 was a driver of the car which was taken on hire by the deceased. The - 2 - prosecution case is that the said driver had committed the murder of the deceased. So far the present applicant is concerned, the only allegation against him that when the deceased did not open the door of the room, the applicant entered the said room by opening one of the windows of the said room and opened the main door. 3. It is alleged that the applicant pocketed the Blackberry mobile phone which was lying under the bed which was later on recovered from him. The applicant was in police custody for a period of nine days. No other recovery has been made at his instance. This is the only allegation against the present applicant. In my view, the applicant deserves to be released on bail. Prima facie, there is no material on record to show that the applicant was involved in the murder of the deceased. The said allegation has been made against the original accused no.1. 3. The applicant, under the circumstances, therefore, be released on bail in the sum of Rs.10,000/- - 3 - with one or two sureties in the like amount. He shall, however, report to the police station once in a week till the filing of the charge-sheet and thereafter, once in a month. 4. The application, accordingly, is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)