{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 27 OF 2010 Gajanan s/o Ramu Rathod Age-19 years, Occ-Labor R/o Walki (Bazar), Tq-Hadgaon, Dist-Nanded APPLICANT VERSUS The State of Maharashtra Through Police Station Himayatnagar, Dist-Nanded RESPONDENT ....... Mr.G.P.Shinde, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th January 2010 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.30/2009 registered with Himayatnagar police station for an offence punishable u/s 302 and 201 of the Indian Penal Code, as the applicant is arrested on 21.05.2009 and since then he is in jail and as after completion of the investigation, charge sheet has been filed in the Court of JMFC, Himayatnagar on 18.09.2009. The case has also been {2} committed to the Court of Sessions. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. 3. This offence appears to be registered on 17th May 2009 on the complaint of Police Patil of village Sonari. It is alleged that a dead body of unknown person was found lying by the side of the road. Initially, an offence u/s 304-A r/w 279 of the IPC came to be registered. The applicant, who was the cleaner of the truck where the deceased was the driver, came to be arrested on 21st May 2009 and since then he is in jail. During the course of investigation statement of witnesses came to be recorded, which indicate that the applicant was last seen in the company of the deceased. At the instance of applicant there is recovery of blood stained clothes and one wheel pana smeared with blood. Hence, subsequently, the offence came to be converted into u/s 302 r/w 201 of the IPC. 4. Considering the rival submissions, it is appears that this case rests on circumstantial evidence. The post mortem notes show that the dead body was found in a crushed condition. Though it is urged that initially the deceased was assaulted with wheel pana and then was crushed under the truck, yet the Panchanama of the truck is silent on this aspect. However, it can safely be inferred that the death is not a natural one and the same is unnnatural, but whether it is homicidal or accidental can be {3} ascertained during the trial. Considering these aspects of the matter coupled with the age of the applicant i.e. 19 years and the fact that he has deep roots in the society and also in view of the fact that in absence of any direct evidence against him, it is not desirable to detain the applicant behind the bars for uncertain period. In the premise, case is made out to enlarge the applicant on bail. 5. In the result, application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant is directed to give attendance in the Himayatnagar police station on every 1sth and 15th day of each month till the trial against him is over. The applicant is further directed not to leave the local jurisdiction of the concerned police station, without prior permission in writing from the concerned IO or the criminal Court. [A.V.POTDAR, J.] drp/A10/criapln27-10