IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4596 OF 2008 CRIMINAL APPLICATION NO. 4596 OF 2008 CRIMINAL APPLICATION NO. 4596 OF 2008 Ganesh Alias Appa Mugutrao Salunkhe ...Applicant vs. The State of Maharashtra ...Respondent Mr.Rajeev Patil i/b. Mr.Onkar Warange for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 6, 2009 DATED : FEBRUARY 6, 2009 DATED : FEBRUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant was arrested in connection with an offence punishable under Section 302 of the IPC registered vide C.R.No.13/2008 at Rajgad Police Station. The only material which is on record against him on record is that he was last seen together in the company of the deceased and he alongwith the deceased and one more person left the house on a motorcycle. The dead body of the deceased Vitthal was found in the jungle. There is a recovery of one gupti at the instance of the present applicant. It is alleged that there was some - 2 - altercation between the applicant and the family members of the deceased on account of the applicant’s having friendly relations with the niece of the deceased. Apart from this, there is no other material on record. That being the position, in my view, the applicant deserves to be released on bail, firstly, because the dispute between the applicant and the family members of the deceased was settled in the presence of villagers and the applicant, the deceased and one more person had travelled on his motorcycle. Post Mortem report does not indicate the exact time of death. The deceased had left his house and intended to go to Kalamboli. It is not known whether the deceased was left at Kalamboli by the applicant. The circumstance of last seen together cannot be read in isolation. Recovery of a gupti was made at the instance of the applicant and on that basis, the applicant cannot be convicted. This being the position, the applicant deserves to be released o bail. 3. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station once in - 3 - a month. 4. The applicant shall not threaten the prosecution witnesses or try to tamper with evidence. If any complaint is received, his bail shall be cancelled. 5. The trial court shall not be influenced by any observation made by this court while granting bail to the applicant as these observations are essentially of a prima facie nature and the trial court shall record its finding, on merits and in accordance with law. 6. The application is, accordingly, disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)