abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 153 OF 2008 Ravi Chandar Piwal .. Applicant V/s The State of Maharashtra .. Respondent Mr.Vikas Shivarkar i/b Mr.Vipin Bidkar for the applicant. Mr.K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 21ST FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant has been arrested on 30th August 2007 and is charged with an offence of murder of Sanjay Kisun punishable under sections 302 read with 34 of the Indian Penal Code. 3. Admittedly, there is no eye witness. Sanjay left his home on 6th August 2007 at about 11.00 a.m. along with his two friends Kana Pillay and Deepak. - 2 - Sanjay did not return home. His dead body was found on 11th August 2007. Nobody saw how Sanjay was killed. There is no direct evidence connecting the applicant to the crime. According to the FIR dated 11th August 2007 lodged by his father, Sanjay had left the house along with his friends Kana Pillay and Deepak and not the applicant. The statement of Prashant @ Pappu More dated 31st August 2007 mentions that Sanjay was last seen with Babu, Shankar and Sanjay Dholakia. 4. The applicant is charged on the basis of discovery of an iron rod at his instance. The post mortem report shows several incised wounds and chopped wounds. Prima facie, such wounds cannot be caused by an iron rod. 5. Taking into consideration the nature of circumstancial evidence and also the fact that the applicant is in custody for a more than 6 months and that trial is not likely to commence soon, the applicant deserves to be granted bail subject to the condition of attendance. Hence, I pass the following order. ORDER ORDER ORDER The applicant be released on bail in connection with the - 3 - offence mentioned above on his executing personal bond of Rs.20,000/- with two sureties of the like amount subject to the following conditions. (a) The applicant shall report to the concerned police station once a month between 1st and 5th day of every British calendar month. (b) The applicant shall attend every date to which the case may be adjourned. (c) The applicant shall not change his present residence without prior intimation to the concerned police station. (d) The applicant shall not make any inducement or give any threats to any of the prosecution witnesses nor he shall tamper with the prosecution evidence. (e) Any breach of the aforesaid conditions would result in cancellation of bail. (D.G. KARNIK, J.)