1 (Crim appln 285 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.285 OF 2010 IN CRIMINAL APPEAL NO. 136 OF 2010 Suresh Bhanudas Nanaware ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Ujwal Agandsurve for Applicant Mr.A.S. Shitole -APP for the State ----- CORAM: V.M. KANADE J. DATED: 4TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been convicted for the offence punishable under section 436 and sentenced to suffer R.I. for 5 years and to pay fine of Rs.10,000/- and, in default, to suffer R.I. for six months. He has also been convicted for the offence punishable under section 427 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs.2,000/- and, in default, to suffer further R.I. for two months. The Applicant has also been convicted for the 2 (Crim appln 285 of 2010) offence punishable under section 429 of the Indian Penal Code and sentenced to suffer R.I. for two years and to pay fine of Rs.5,000/- and, in default, to suffer R.I. for three months. All the sentences are directed to run concurrently. The appeal has been admitted. 3. The learned Counsel for the Applicant has invited my attention to the evidence of PW-1, who is the Complainant in this case. 4. Perusal of the said statement indicates that the Complainant had not seen the Accused setting their hut on fire, but merely seen the Accused running away from the said place. There are no eye witnesses to the said incident. The prosecution case is entirely based on circumstantial evidence. It is submitted that the Applicant, therefore, has good chance in succeeding in the appeal. 5. The learned APP for the State, however, has vehemently opposed the application for grant of bail to the Applicant. He submitted that since the Complainant got up during the night and he realized that his house was set on fire and immediately he saw the Applicant running from the scene of offence and 3 (Crim appln 285 of 2010) the Applicant has motive to commit the said act on account of previous enmity between the Complainant and his family and the present Applicant. 6. In my view, there is some substance in the submissions made by the learned Counsel for the Applicant. There are no eye witnesses to the said incident and only circumstance against the present Applicant is that he was seen running away from the place of the incident by the Complainant. The Accused was on bail during the trial. There is every chance of applicant succeeding in the appeal. The appeal cannot be heard immediately in near future. Under these circumstances, the Applicant deserves to be released on bail. 7. The Applicant be released on bail on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station once in a month. 8. Application is disposed of. (V.M. KANADE J.)