1 BA-1041-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1041 OF 2011 1. Shri Siddu Baburao Mane ) 2. Shri Arun Mahadev Sutar ).. Applicants (Orig. accused Nos. 1& 2) Vs. The State of Maharashtra .. Respondent Mr. Haribhau Deshinge, Advocate, for the applicant. Mrs. R.v.Newton, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 14th November, 2011. P.C. 1. The applicants seek to be released on bail in Crime No.186/2010 registered with Jath Police Station, District Sangli, for the offences under Sections 302, 201 read with Sec.34 of IPC. 2. Prosecution case, in brief, is that applicant No.1 Siddu Mane, was living as a guest at the house of one Parappa and was trying to develop illicit intimacy with the daughter of said Parappa. This was objected to and he was asked to leave the house. Deceased Hanmant son of Parappa, had taken amount of Rs.50,000/- from the applicant No.1 Siddu, out of which an amount of Rs.10,000/- was repaid and balance amount was yet to be repaid. According to prosecution, on 23.12.2010, said Hanmant left his house saying that he would 2 BA-1041-11.sxw come back after some time. However, he did not return. Inspite of search, he could not be traced. On 26.12.2010 at about noon time a dead body was found which was identified as of Hanmant. On 9.1.2011, Parappa filed report stating the above facts and thereafter both the accused were arrested. According to prosecution, the weapon of offence and blood stained clothes were recovered on the basis of information given by the accused. According to prosecution, the accused persons were last seen together with deceased Hanmant by witness Smt. Sangava. Her statement shows that she had seen the accused with deceased on 22.12.2010. It may be noted that prosecution was given long time to produce DNA report to confirm that the dead body was of Hanmant. However, no such report is produced so far. The whole case is based on circumstantial evidence as stated above. There is no other material on record. 3. In view of the above, the applicants be released on their executing P.R. of Rs.25,000/- each with a surety in the like amount with a condition that they shall not tamper with the prosecution evidence and shall not misuse the bail. They shall also attend the police station on every Sunday between 4 to 6 p.m. till end of trial. (J.H.BHATIA,J.)