ssp 1 appln1464.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1464 OF 2010 Mr.Sunil @ Fularam Rajaram Chaudhary & Anr. .. Applicant V/s. The State of Maharashtra .. Respondent Mr.Pankaj Kavale for the Applicants Mr.P.S.Hingorani, A.P.P for Respondent-State. CORAM : A.R.JOSHI, J DATED : AUGUST 5TH, 2010. P.C. 1 Heard rival submissions for some time on this application for regular bail preferred by both the applicants. On earlier date i.e. 29th July 2010 also rival submissions were heard at length. Admittedly, the case against the present applicants is based on circumstantial evidence. Evidence is already over and charge sheet is already filed. Both the applicants are in custody since 6th April 2009. The offence took place on the night of 21st and on 22nd January 2009 whereas they were arrested on transfer warrant on 6th April 2009 after taking their custody from Ulhasnagar police. 2 Only circumstance allegedly appeared against both the applicants is that they are last seen together with the deceased and also with the co-accused i.e. the main ssp 2 appln1464.sxw accused Sambhaji Pawar at the farm house of the said Sambhaji on that midnight of 21st and on 22nd January 2009.Reliance is placed on the contents of the statement of one farm house neighbour Dhondiram Agiwale. It was recorded on 22nd January 2009. However, immediately search of the farm house was not taken. It was revealed that just prior to finding of dead body of the victim, victim was in company of the present applicants and already in company of the main accused in the farm house and also there was some hot exchange of words and conversion with loud voices allegedly heard by the said Dhondiram. According to the police only on the statement of the main accused Sambhaji Pawar, farm house was searched on 24th January 2010 and one red color maxi was found which was smeared with something like blood. Chemical Analyser's report is produced before the Court which shows that the said maxi which is Article 13 do not show any blood stains. In fact, after revealing that certain transactions took place at the farm house, statement of Dhondiram was recorded on 22nd January 2009 and actual search and seizure was conducted only on 24th January 2009. 3 Apart from the abovementioned alleged circumstances which themselves are not sufficient to place much reliance so far as charges leveled against the applicants ssp 3 appln1464.sxw are concerned, there is nothing as against the applicants so as to have their continued detention in the custody during the pendency of the trial. 4 In the arguments the learned Advocate for the applicants submitted that the applicants are not permanent residents of Maharashtra and they are hailing from Uttar Pradesh. On this count, certain conditions can be imposed as to local surety and as to attendance to the concerned police station once in a week and on such conditions, bail can be granted to the applicants. Hence, order : i) Criminal Application no.1464 of 2010 is allowed. ii)Both the applicants be released on bail on executing a P.R.Bond in the sum of Rs.15,000/- each with one local surety each in the like amount each. iii) After availing of the bail, the Applicants shall attend the concerned police station once in a week between 10.00 a.m. to 12 noon till the conclusion of the trial. (A.R.JOSHI,J.)