IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 1385 OF 2009 IN CRIMINAL APPEAL NO. 171 OF 2007 KASHINATH BABU SUTAR .. .. APPLICANT VERSUS THE STATE OF MAHARASHTRA .. .. RESPONDENTS Ms. A. N. Pathan for the applicant Mr. H. J. Dedhia, APP. CORAM: SMT. RANJANA DESAI & SMT. V. K. TAHILRAMANI, JJ. DATED : 19th March, 2010 P.C. The applicant has sent this application through jail praying for bail. He is convicted for offences punishable under Section 302 and 201 of the Indian Penal Code and sentenced to life imprisonment. 2. We have heard Ms. Pathan, learned counsel appearing for the applicant. She submitted that prosecution case rests entirely on circumstantial evidence. According to her the chain of circumstantial evidence does not unerringly point to the guilt of the applicant and hence the applicant may be released on bail. 3. It is not possible for us to accept the submission of learned counsel. The murder of Ashok is said to have taken place between 23/1/05 to 24/1/05. Deceased Ashok was the brother of the applicant. The evidence adduced by the prosecution establishes that mutilated dead body of the deceased was found on 26/1/05 in bushes behind the fire range of Raja Shivaji Vidyalay at Lokmanya Nagar, Thane. It was identified by PW 3 Datta Nandore, who knew the deceased because he was neighbour of the deceased. PW 3 has stated in his evidence that both the hands and legs and the head of the dead body were severed. According to PW 3 a day before the incident he had heard noise of quarrel between the applicant and the deceased coming from their house. PW 5 Anusaya has stated that the deceased and the applicant were staying together in a room in her chawl. The fact that a day prior to the incident there was a quarrel between the two in their house is significant. PW 7 Dr. Ajay Tawade has stated that the body of the deceased was cut into seven pieces. He opined that death was “due to decapitation injury.” The prosecution has examined PW 2 Bharat Shah who is pancha to the recovery panchnama under which at the instance of the applicant a saw and 2 knives stained with blood were recovered on 30/1/05. He has stated that at the instance of the applicant wooden platform nylon rope, and one cream colour shirt were also recovered. These articles were bloodstained. Morever the applicant was arrested on 30/1/05 i.e. about six days after the date of incident. 4. In our prima facie opinion, therefore, the prosecution has established that the applicant committed murder of deceased Ashok. His bail application, therefore, deserves to be rejected and is rejected as such. (SMT. RANJANA DESAI, J.) (SMT. V. K. TAHILRAMANI, J.)