1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1597 OF 2009 Yashwant Chahu Mengal .. Applicant Vs State of Maharashtra .. Respondent Mr. R.D.Suryawanshi, Advocate for the Applicant. Mrs S.D.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 25/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.I-144 of 2008 of Murbad Police Station, Dist-Thane. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302, 201 of IPC. 3. The prosecution case rests on circumstantial evidence. The circumstances against the applicant, according the prosecution, are : motive, extra judicial confession, recovery of sickle, spade T 2 etc., and recovery of dead body at the instance of the applicant. It appears that from 13.8.2008 the deceased was missing. However, the missing complaint was lodged on 10.9.2008. The dead body was recovered at the instance of the applicant on 8.10.2008. Extra judicial confession was allegedly made to Raghu Khandavi and Tukaram Megha. Their statements were recorded on 2.11.2008. Both these witnesses have stated that the present applicant told them as to how he killed the deceased and buried his dead body. Mr.Suryawanshi, learned counsel for the applicant, submitted that it would not be possible for the prosecution to secure conviction solely on the basis of the extra judicial confession and recovery of the dead body. He submitted that there was a long delay in recording statements of the two witnesses to whom the alleged extra judicial confession was made. He submitted that the prosecution has not explained the delay. Such evidence, according to Mr Suryawanshi, would not be sufficient to secure conviction. Having considered the submissions of the learned counsel for the applicant and overall facts and circumstances of the case and more particularly the delay caused at every stage, I am satisfied that continued detention of the applicant is not necessary. The applicant is directed to be enlarged on bail in 3 the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to the condition that the applicant shall report to the concerned police station on every Saturday between 6 and 7 pm for a period of three months and thereafter on first Saturday of every month between 6 and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)