1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.703 OF 2010 Sitaram Laxman Dube )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. H. S. Venegavkar for the applicant. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 26 th April, 2010 PC 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.220 of 2009 registered by the Yawat police station for alleged offences under Sections 302 & 452 of IPC. The case of the prosecution is that the deceased Rajendra was having an illicit affair with the wife of the Complainant, Baidabai. The statement of Baidabai was recorded which indicates that she was found talking with Rajendra in the field and there was some quarrel between the deceased and the present applicant on that occasion. Be that as it may, in so far as actual offence is concerned, it is the case of circumstantial evidence. On the question of last seen together, the statement of the Complainant Tarabai Dube who is a wife of the deceased is relevant. She states that she saw the applicant sitting next to her husband but then she left to attend the call of nature and when she returned, she found that the neck of her husband has been cut. The police recovered an axe. Tarabai does not talk about the applicant carrying any axe when she last saw the applicant. Recovery panchanama does not show any blood stains on the axe. In the 2 aforesaid circumstances, I am inclined to grant bail. It is therefore directed that pending his trial in connection with C.R.No.220 of 2009 registered by the Yawat police station, the applicant may be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he reports to the Investigating officer once a fortnight on 1st and 3rd Mondays of every month till the disposal of his trial and also does not tamper with any witnesses and remain present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3