1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5329 of 2009 Sonu Balu Kakva ... Applicant versus The State of Maharashtra ... Respondent ... Mr.S.V.Kotwal for the applicant. Mr.A.S.Gadkari APP for the State. CORAM : D.G. KARNIK, J. DATED : 13th January 2010 P.C. 1. Heard. 2. By this application, applicant claims bail in connection with C.R.No.I-211/2008 registered at Gholvad police station, Dist.Thane. The principal offence is punishable u/s.302 of the IPC. 3. The prosecution case is that on 15th August 2008, one Smt.Vansubai was murdered in her house. The applicant is alleged to be the main conspirator of the crime. According to the prosecution, he was giving instructions to the other 2 accused on mobile. The applicant was arrested on 11th April 2009 and the mobile phone from which the calls were made was recovered. Call particulars were obtained from the mobile company and they show that there were several telephonic conversations prior to the incident and after the incident with Rakesh, who is alleged to have killed his grandmother. The applicant was also in contact with other co-accused and conspirators. 4. It is true that the evidence against the applicant is only circumstantial. However, since 16th August 2008 the applicant was absconding and could be found and arrested on 9th April 2009 and that too after a proclamation was issued against him. No explanation was offered by the applicant whatsoever for his absence between 16th August 2008 to 9th April 2009. 5. Learned APP submitted that in view of the fact that the applicant was absconding and was arrested only after about 8 months of the crime, the possibility of his absconding again, if enlarged on bail, cannot be ruled out. In my view, the submission deserves acceptance. Application is accordingly rejected. (D.G. KARNIK,J.)