1 11 appa.1084.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1084 OF 2010 IN CRIMINAL APPEAL NO. 614 OF 2010 Jagdish Shankar Gaikar. ... Applicant Vs. The State of Maharashtra. ... Respondent ----- Mr. Nitin Sejpal with Ms. Pooja Bhojne for the Applicant. Mr. H.J.Dedhia, APP for the Respondent/ State. ----- CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 17 th September, 2010. P.C. 1 Heard the learned counsel for the parties. 2 The only incriminating circumstance to indicate the complicity of the Applicant pressed into service by the prosecution is recovery of blood stained clothes of the Applicant. On perusing the evidence of PW-14 and PW-4, we have our own doubts as to whether the said recovery can be said to be covered by Section 27 of the Evidence Act. If this solitary evidence is to be discarded, the only other circumstance pressed into service by the learned APP is that on the previous day, there was fight between the Applicant and the deceased. It is doubtful whether 2 11 appa.1084.10 that circumstance can be the basis to uphold the finding of guilty against the Applicant. 3 Be that as it may, prima-facie, we are in agreement with the stand taken by the Applicant that the evidence against the Applicant is insufficient to record finding of guilt. In the circumstances, the Applicant is ordered to be released on bail on the following terms: I. The Applicant is ordered to be released on bail in connection with offence under Section 302 of the Indian Penal Code being SC No. 63 of 2009 tried by the Sessions Court, Mumbai arising out of C.R.No. 31 of 2009 on furnishing bail bond in the sum of Rs. 15,000/- with one or two local sureties in the like amount. II. The Applicant shall report to the local Police Station where he would reside, once in a month i.e. on first Monday of every English calender month between 10:00 a.m. to 01:00 p.m. and not to go out of Mumbai without prior written intimation of 24 hours to the local police in that behalf. III. The Applicant shall keep the police informed about his whereabouts from time to time. 4 Application disposed of accordingly. [ U.D. SALVI, J ] [ A.M. KHANWILKAR, J ]