1 apln866-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.866 OF 2010 Rahul Gautam Bhosale. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.Pratap Patil, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 04TH AUGUST, 2010 P.C. 1. Heard rival submissions for sometime on this application for regular bail preferred by the applicant for his release on bail during the pendency of the Sessions Case for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. 2. The incident of assault and murder took place on the night of 29.7.2009. Allegedly there is no eye witness. The dead body of the deceased was found on the next day morning and after knowing such incident, his brother went to the spot and ascertained the situation and subsequently 2 apln866-10 lodged first information report in the morning of 30.7.2009 when the dead body was found. FIR was filed against the unknown persons. Admittedly there is no eye witness in the present matter and entire case is based on circumstantial evidence. 3. The circumstance allegedly against the present applicant, as per the case of the prosecution, is that two witnesses had given statements as to the main accused by name Shivaji when accompanied by the present applicant and other two co-accused made extra judicial confession with the said witnesses that he had done away with the deceased out of some love affair quarrel and present applicant and other co-accused then present were his associates in the said murder. The second circumstance as alleged by the prosecution is regarding finding of blood stained clothes of the present applicant immediately on his arrest on 31st July, 2009. Allegedly on 31.7.2009, all the four accused were put under arrest and there was a panchanama drawn in which the clothes on the four accused including the present 3 apln866-10 applicant were then wearing were taken charge of. The C.A. report as to whether the blood of specific blood group was found on the clothes seized at the instance of the present applicant is awaited. 4. During the arguments, learned Advocate for the applicant brought to the notice of this Court the order dated 15.2.2010 passed by the another Bench in Criminal Application No.5269 of 2009. By the said order, another co- accused, who is placed in the same role as that alleged against the present applicant, has already been released on bail. Allegedly blood stained clothes were also seized from the said accused. On parity, present applicant is required to be released on bail, further argued. 5. Considering that the matter is based on circumstantial evidence and considering the prima facie circumstance as alleged against the applicant, in the opinion of this Court the present applicant is also entitled for bail on the ground of parity. Hence the order :- 4 apln866-10 :: O R D E R :: [i] Criminal Application No.866 of 2010 for regular bail is allowed. [ii] The applicant - Rahul Gautam Bhosale, arrested in C.R. No.356 of 2009 of Bhosari police station, Pune, shall be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] After availing the bail, as above, the applicant shall not indulge in any activity so as to directly or indirectly tamper with the prosecution witnesses. (A.R.JOSHI,J.) PPD 22.apln866-10