IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4387 OF 2008 1. Bhauso Sampat Dabhade 2. Namdev Sampat Dabhade ...Applicants Vs. The State of Maharashtra .. Respondent --- Shri A.P. Mundargi, Senior Counsel i/b. Shri Kuldeep S. Patil for Applicants Mr.D.P. Adsule, APP for the State ---- CORAM: V.M. KANADE J. DATED 31ST MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The learned Counsel for the Applicant does not press the application for bail in respect of Applicant No.1. 3. The Applicants have been arrested in connection with an offence punishable under sections 302, 201, 120-B r/w. 34 of the Indian Penal Code. 4. The prosecution case is that the Applicants' sister got married to one Sanjay Kunjir Accused No.1. Thereafter, the said Sanjay Kunjir married one Sanjaya and they started residing together. The prosecution case is that Accused No.1 and the Applicants herein had conspired together to commit murder of the second wife of Sanjay Kunjir and, accordingly, they hired one tempo and killed Sanjaya and it was made to appear that she had died in the said accident. 5. The learned Counsel for the Applicants submits that there is a material on record to show the involvement of the Applicant No.1. 6. The Learned APP for the State has invited my attention to the statement of Deoram Kolpe, who has stated that the Applicants and other accused had conspired to murder the said Sanjaya and he was present when the said conspiracy had taken place. 7. However, apart from this statement recorded under section 164 of the Criminal Procedure Code, there is no other material on record. Chargesheet has been filed. The Applicant No.2 is in jail for quite sometime. The only material on record is the statement of Deoram Kolpe. In my view, the Applicant No.2 deserves to be released on bail, particularly, because there are no witnesses to the said incident and no particular role also has been attributed to the present Applicant No.2. 8. The Applicant No.2, therefore, under these circumstances, be released on bail in C.R. No.57 of 2008 registered with Jejuri Police Station, in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant No.2 shall report to the concerned police station twice in a month. 9. Application is disposed of. V.M. KANADE J.