{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 613 OF 2010 Mahadev @ Mahadu Bhimrao Mundhe Age-22 years, Occ-Labour R/o Pawarwadi, Tq & Dist-Osmanabad APPLICANT VERSUS The State of Maharashtra Through Osmanabad Rural Police Station RESPONDENT ....... Mr. R.V.Gore h/f Mr.D.H.Jadhavar Advocate for applicant Mr. N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 4th March 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.120/2009 registered with Osmanabad (Rural) police station for an offence punishable u/s 302 r/w 34 of the Indian Penal Code, as the applicant is arrested on 30.12.2009 and since then he is in jail. 2. Heard learned counsel for the applicant and learned APP. {2} 3. It appears that the said offence is registered on 30.12.2009 on the complaint of one Kondabai Mundhe against the applicant and one Tukaram. It is alleged in the complaint that son of the complainant, by name Rajendra, left the house in the evening of 24th December with one Tukaram to Pardhi Basti for having liquor. It is further alleged that Rajendra did not return and hence the complainant inquired with accused Tukaram, who gave evasive replies and hence on 26th a complaint of missing was lodged. On 29th dead body of Rajendra was found in Jawar crop and hence on suspicion offence came to be registered against the applicant and one Tukaram. Perusal of papers of investigation, particularly PM report, indicates that the body of the deceased was found in a decomposed condition and hence the cause of death could not be ascertained. Further perusal reveals that the case of prosecution rests on circumstantial evidence. So far as theory of last seen together in the company of deceased is concerned, statement of the lady who had sold liquor to the deceased and Tukaram, disclose that the deceased was seen in the company of accused Tukaram. Statement of the said witness does not whisper that the applicant was seen in the company of the deceased soon before the incident or soon after the incident. The only incriminating circumstance against the applicant is that, as the deceased has stood surety to his maternal uncle at that time the applicant had given threats of dire consequence. In the premise, though the investigation is incomplete, yet considering the fact that {3} since 30.12.2009, the applicant is behind the bars, case is made out to enlarge the applicant on bail, however, by imposing certain conditions. 4. In the result, the application is allowed. The applicant be released on bail in connection with CR No.120/2009 registered with Osmanabad (Rural) police station, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bonds in the like amount. Applicant is directed not to enter village Pawarwadi till filing of the charge sheet. Applicant is at liberty to apply for relaxation of this condition after filing of the charge sheet. [A.V.POTDAR, J.] drp/A10/criapln613-10