: 1 : HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPL. NO. 981 OF 2008. IN CRIM. APPEAL NO. 887 OF 2008. CRIM. APPEAL NO. 887 OF 2008. CRIM. APPEAL NO. 887 OF 2008. Rajesh Krishnarao Nimbalkar. ..Petitioner. Versus. The State of Maharashtra & Others. ..Respondents. --- Mr. Shirish Gupte, Sr. Advocate i/b Mr. Dilip Bodake for the applicant. Dr. F. R. Shaikh, APP for the State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & R.V.MORE, JJ. R.V.MORE, JJ. R.V.MORE, JJ. DATE: December 12, 2008. DATE: December 12, 2008. DATE: December 12, 2008. P.C. P.C. P.C. 1. Heard Mr. Shirish Gupte, learned Senior counsel appearing on behalf of the applicant. This is bail application of the accused in Sessions Case No. 77 of 2005 decided by the 1st Ad-hoc Sessions Judge, Solapur convicting the accused - applicant under section 354 and 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and pay fine of Rs.1,000/- and in default to undergo simple imprisonment for three months for the offence punishable under section 302 of the Indian Penal Code and rigorous imprisonment for one year and to pay fine of Rs.1,000, and in default to undergo simple imprisonment for three months for the : 2 : offence punishable under section 354. 2. The case is based on circumstantial evidence. There is no direct evidence available with the prosecution. According to the prosecution the incident took place in the field and the accused had tried to commit offence punishable under section 376 of the IPC and in that process he committed the murder. The cause of the death is the injury on head, i.e., CLW. . Therefore, it appears that some blunt object must have been used by the accused. However, as against there is no direct evidence. The evidence of Pw.7 is of last seen together. However, in spite of the fact that Pw.-7 has seen one person pulling a girl she had not paid any attention to it and had not made hue and cry. That conduct of Pw.-7 appears to be abnormal one. Apart from that the statement of Pw7 was recorded by the police after 27 days of the incident. 3. Apart from this the evidence in respect of the chemical analysis also shows that the blood of blood group of A, B & C were found on the clothes of the deceased. The blood group of the deceased inconclusive. The blood stains found on the clothes of the deceased as well as on the clothes of the accused were of blood group : 3 : "A" , "B" and therefore there is no conclusive evidence. On the contrary the multiple blood groups show that there may be more than one accused involved in the offence. And, if so the investigation turns out to be faulty one. Prima facie it is a case for benefit of doubt. In the circumstances were inclined to grant bail to the applicant. Hence, we pass the following order. O R D E R (1) The sentence of the accused - applicant is suspended under section 389 of the Code of Criminal Procedure, 1973. (2) The accused - applicant be released on bail of Rs.30,000 with a like surety. The applicant is at liberty to give two sureties of 15,000/- each so as to make a surety of Rs.30,000/-. (3) Application stands disposed of. (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)