1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 384 OF 2010 1. Manishankar @ Sonu Singh 2. Rajkumar Lalbahadur Yadav .. Applicants V/s State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Chetan Akerkar for the applicants. Mrs. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 4TH FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicants seek bail in connection with C.R. No. 38 of 2009 dated 10th February 2009 registered at Trombay Police Station, Mumbai. 2 3. On 10th February 2009, n F.I.R. was lodged by Sanjay Ananda Nangare, a police sub-inspector attached to Trombay Police Station, Mumbai that he found a body of an unidentified person near Trombay creek. Some wounds were discovered on the body and therefore an F.I.R. under section 302 of the I.P.C. was recorded. It appears that for 7 months there was no lead in the investigation. After about 7 months, i.e. on 13th September 2009, a statement of Vinod Kumar Kailash Pande was recorded who stated that on 8th February 2009 he had gone to a country liquor bar when he saw the deceased along with his friends sitting and drinking country liquor. After some time, the deceased along with his friends went out and similarly Vinod Kumar also went out of the bar where he saw that there was some quarrel between the deceased and his friends near a panshop. He then noticed that the deceased was dragged in an auto rickshaw by his friends and they went away. On basis that the 3 deceased was last seen together with his friends and that there was some quarrel, the present applicants, who were last seen with the deceased on the faitful night, are charged with the offence of murder. 4. There is no direct evidence to the crime. The evidence is circumstantial and that too in the shape of a statement recorded 7 months after the incident. Taking into consideration the fact that the applicants are not permanent residents of the locality, in my view, the applicants can only be granted conditional bail. Hence, I pass the following order: ORDER The applicants be released on bail on each of them executing personal bond of Rs.25,000/- with two sureties of the like amount, subject to a condition that the applicants shall report their presence to the concerned police station once a week on every Monday between 5.00 and 6.00 4 p.m. Breach of this condition would result in cancellation of bail. (D.G. KARNIK, J.)