1 (APL 1441 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1441 OF 2011 IN CRIMINAL APPEAL NO.1406 OF 2011 Pandurang Kerba Patil ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Abhijit V. Desai for Applicant Mr.P.S. Hingorani -APP for the State ----- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE: 22nd December, 2011 P.C. 1. The Applicant is convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer R.I. for life. The other co- accused have been acquitted by the Trial Court. 2. The prosecution case is that the Applicant was the ex-employee of PW-1 and he used to sleep in the shop of PW-1. He was, however, removed from the job and, therefore, in spite of removal, he used to come and stay at night in the shop. The deceased was also the other employee, who used to stay in the shop. There was a 2 (APL 1441 of 2011) theft of LCD from the shop and PW-1 suspected that the Applicant had committed the theft and, therefore, removed. The prosecution case is that the Applicant along with other co-accused came from Kolhapur to Pune by bus and the Applicant herein assaulted the deceased with a knife. The entire case of the prosecution based on circumstantial evidence. There is no recovery of weapon or any bloodstained clothes from the Applicant. No recovery was made at the instance of the Applicant. The prosecution relied on the finger prints which show that there were finger prints of the Applicant on the glass and on the glass of the window of the shop. The driver of the S.T. Bus also identified the Applicant. 3. In our view, this being the only material on record, the Applicant deserves to be released on bail. The finger print expert was not examined by the prosecution and merely because his report was produced that could not by itself establish that the said finger prints were properly taken by the expert. There is, admittedly, no recovery at the instance of the present Applicant. Two other accused have been acquitted by the Trial Court. Under these circumstances, the Applicant deserves to be released on bail. 3 (APL 1441 of 2011) 4. The Applicant be released on bail on execution of P.R. Bond of Rs.10,000/- with one or two sureties in the like amount. He shall be report to the concerned police station once in a month. Application for bail is, accordingly, disposed of. (M.L. TAHALIYANI J.) (V.M. KANADE J.)