sat 1 appln 690-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 690 OF 2011 Santosh @ Balu Dagadu Pawar ...Applicant vs. The State of Maharashtra ...Respondent Mrs.Racheeta R. Dhuru i/b. Mr.Avinash Avhad for the Applicant. Mr.P.S. Hingorani, APP for the State. CORAM : M.L. TAHALIYANI, J. DECEMBER 5, , 2011 P.C. :- 1 Heard learned Advocate Ms.Dhuru for the applicant and learned Additional PP - Mr.Hingorani for the State. 2 The applicant is accused of conspiracy to commit murder of one Santosh Ghagare. 3 Perused the statements of witnesses. It is clear from the statements of the witnesses that most of the witnesses have stated in their statements as to what was heard by them. Most of the statements are useless for the purpose of sat 2 appln 690-2011 trial. 4 It is submitted by the learned Counsel for the applicant that there is no material at all of any nature against the applicant to, prima facie, indicate that he was part of the conspiracy. It is true that there cannot be any direct evidence to establish the conspiracy. The conspiracy is always hatched in secrecy. Therefore, essentially conspiracy is to be established on the basis of circumstantial evidence. 5 As far as circumstances are concerned, no weapon or any other article is recovered at the instance of the applicant. The applicant had allegedly met some of the accused and therefore, it is alleged that he was part of the conspiracy. Without commenting whether it would stand to the trial, it can safely be said that the case is made out for bail. Therefore, I pass the following order :- I. The applicant be released on bail in the sum of Rs.10,000/- with one solvent surety in the like amount or two solvent sureties of Rs.5000/- each. II. He shall attend all the dates of hearing at the trial court. sat 3 appln 690-2011 III. He shall not leave the territorial jurisdiction of Pune Commissioner, except on the date of hearing at Solapur. IV. His permanent residential address of Pune and permanent address of sureties shall be clearly recorded on the bonds by the concerned officer or the court, as the case may be. 6 Application stands disposed of. (M.L. TAHALIYANI, J)