1 APPA 697/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 697 OF 2011 IN APPEAL NO.429 OF 2010 Sunil Tukaram Narkar : Applicant. versus The State of Maharashtra : Respondent. Mr. Khan Abdul Wahab for the applicant. Mr. J P Yagnik, APP for the State. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : 19TH JULY 2011 P.C. 1 Heard. 2 Applicant was convicted along with two others for the offences punishable under Section 302, r/w Sections 397 and 34 of the Indian Penal Code. The applicant is a life convict. The applicant prays for bail. 3 Learned counsel for the applicant Mr.Khan Adbul Wahab submitted that the evidence of prosecution is mainly based on circumstances. The prosecution has failed to complete the chain of circumstances so as to point out that the applicant must be guilty of 2 APPA 697/11 committing crime. Theory of last seen together and the circumstances resulting in recovery from the accused are not fully supported by the evidence of prosecution witnesses. These circumstances are controverted and therefore, the prosecution evidence is not sufficient to link the applicant with crime. The applicant has family to maintain, according to the learned counsel. The learned counsel had, during the course of hearing, referred to the evidence of material witnesses. 4 The learned APP for the State submitted that the incident in question took place between 16.10.2008 and 18.10.2008. FIR was lodged on 19.10.2008. The applicant was identified by watchman as the person who visited the place of incident along with other accused persons. There are recoveries from the applicant. There are incriminating circumstances against the applicant. Considering the nature of offence and the manner in which the deceased was murdered, the applicant be rejected. 5 We have perused the record placed before us and considered the submissions advanced by the learned counsel. It was stated that accused Nos.1 and 2 are inter se related. The evidence prima facie shows that watchman had identified the applicant. There are incriminating circumstances against the applicant. There are recoveries from the applicant. The prosecution has made out prima facie case against the 3 APPA 697/11 applicant. At this stage, it is not essential to scan the evidence. Considering the nature of offence and the manner in which the deceased was killed, we are not inclined to release the applicant on bail. Application of co-accused Sandeep Anant Pawar bearing Criminal Application No.621 of 2010 came to be withddrawn on 23/06/2010. This application is rejected. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)