1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 662 OF 2009 1. Dyandev Pandurang Shinde 2. Prakash Pandurang Shinde ..... Applicants. V/s The State of Maharashtra ..... Respondent. ----- Mr. A.P. Mundargi, Senior Counsel i/b Ms. Swapna Kode for the applicants. Mr. S.R. Shinde, APP for the State. ----- CORAM : V.M. KANADE, J. DATE : 16th February, 2009 P.C:- 1. Heard the learned Counsel appearing on behalf of the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the offence punishable under sections 302, 201, 364 read with section 34 of the Indian Penal Code. The deceased was the brother-in-law of the applicants. It is alleged that on account of civil disputes between the parties and also on account of the fact that the deceased was drunkard and used to harass their sister, applicants murdered their brother-in-law. The whereabouts of the deceased were not found and, therefore, a missing complaint was filed. On suspicion, applicants were arrested. The only material which is on record 2 against the applicants is that the dead body of the deceased was found at the instance of one of the applicants and that there was a motive to commit the said offence. In my view this is the only material on record. Recovery is a weak type of evidence and that alone would not be sufficient to convict the present applicants. Applicants, therefore, are entitled to be released on bail. 3. Applicants be released on bail in C.R. No.235 of 2008 in the sum of Rs 5000/- each with one or two sureties in the like amount. Applicants, however, shall not tamper with the prosecution evidence or threaten any of the witnesses. Applicants shall report to the concerned Police Station once in a month. 4. Application is disposed of. (V.M. KANADE, J.)