1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION NO. 297 OF 2009 Sachin alias Dherya Thiskya Bhosale ..... Applicant. V/s The State of Maharashtra ..... Respondent. ------ Mr. Sachin Punde with Mr. G.S. Vetal for the applicant. Mr. Rajesh More, APP for the State. ----- CORAM: V.M. KANADE, J. DATE : 2nd February, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The applicant has been arrested in connection with the offence punishable under sections 302, 387, 379 read with 34 of the Indian Penal Code which is registered at Shirpur Police Station vide C.R. No. 277 of 2007. Charge-sheet has already been filed. 3. In this case, it is an admitted position that one Rambhau Tukaram Veer was found murdered on 29/10/2007. Prosecution case is that this applicant and the other accused murdered him by tying his legs. Prosecution case is that the deceased was strangulated with his own turban and, thereafter, the bullock which he was grazing on the land was taken to Ahmednagar where the bullock was sold. FIR was 2 lodged on 30/10/2007. FIR mentions that unknown persons had murdered the deceased for unknown reason. There is no eye witness to the said incident. The panchanama was made on 3/11/2007 regarding discovery of bullock which was stolen in the present case and this bullock was found at Kasab Dhaba near Cantonment Board in Ahmednagar. In the said panchanama, it is stated that Asif Shabbir Qureshi and Saeed Shabbir Qureshi had purchased the bullock from four Pardhis of Shirpur and Belwandi. In this panchanama, neither the names of the accused or applicant nor their description has been mentioned by the said Qureshi brothers. The statements of certain witnesses were recorded on 13/11/2007. In these statements, name of the present applicant is not mentioned. Subsequently, statements of Asif and Shabbir Qureshi were recorded on 4/11/2007 and, in the said statements, names of the accused have been disclosed. 4. Taking into consideration the said material on record and the fact that there was no eye witness to the said incident, merely on the basis of recovery of stolen bullock at Ahmednagar, prima faice, the applicant cannot be said to have committed the said offence. 5. Applicant, therefore, be released on bail in C.R. No.277 of 2007 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to Shirur Police Station, Pune once in a month. Applicant shall give one local surety. 6. It is clarified that the Trial Court shall not be influenced by the observations made by this Court in this order while deciding the application of the applicant for granting bail and it shall decide the criminal case on its own merits and in accordance with law. 3 7. Application is disposed of. (V.M. KANADE, J.)