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. 771 OF 2009 CRIMINAL APPLICATION NO. 771 OF 2009 CRIMINAL APPLICATION NO. 771 OF 2009 Kishor @ Pappu Sudam Hule ...Applicant (Orig.Accused No.1) vs. The State of Maharashtra ...Respondent Mr.A.P. Mundargi, Sr.Counsel i/b. Mr.Avinash D. Kamkhedkar for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 25, 2009 DATED : FEBRUARY 25, 2009 DATED : FEBRUARY 25, 2009 P.C. :- P.C. :- P.C. :- 1. Heard the learned Senior Counsel for the applicant and the learned APP for the State. 2. The applicant has been arrested in connection with Section 302 read with 34 of the IPC registered vide C.R.No.29/2008 at Ghodegaon Police Station, Dist. Thane. The co-accused has been granted bail by this Court (Coram : D.B. Bhosale, J.) by order dated 18th December, 2008 in Criminal Application No.4190/2008. 3. Prosecution case is that the deceased was drunk in the morning of the incident i.e. 17th June, 2008 and - 2 - had several fights with several people on that day. It is alleged that the applicant, the deceased and the co-accused were last seen together by number of persons. The dead body of the deceased was found and admittedly, there are no eye witnesses to the said incident. The only evidence which is available is in the form of Extra Judicial Confession allegedly made by Bhushan Dattatray Gunjal, the co-accused who is said to have informed one Yashwant Rabale where the applicant had assaulted the deceased with the stone and had killed him. Apart from this extra judicial confession which is essentially exculpatory in nature, the blood stained clothes of the applicant have been seized. Taking in consideration the fact that extra judicial confession made by Bhushan Gunjal essentially exculpatory in nature and there are no eye witnesses to the said incident and thirdly, due to admitted position that the deceased was totally drunk on that day and had quarrel with number of people, material which is available with the police, in my view, is not sufficient evidence of convicting the applicant for the offence punishable under Section 302 of the IPC. This is, of course, prima facie finding taking into - 3 - consideration the statements of the witnesses. However, the co-accused already has been released on bail. Taking into consideration overall facts and circumstances of the case, in my view, the applicant also deserves to be released on bail. 4. The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount for the aforesaid offence. He shall report to the concerned police station twice in a month. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)