{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 74 OF 2010 Sahebrao s/o Tanhaji Gadhe Age-36 years, Occ-Agriculture R/o Subhanpur, Tq-Bhokardan, Dist-Jalna APPLICANT VERSUS The State of Maharashtra Through police station, Bhokardan, Dist-Jalna RESPONDENT ....... Mr.J.V.Deshpande, Advocate fro applicant Mr.B.J.Sonawane, APP for State ....... [CORAM : A.V.POTDAR, J.] DATE: 9th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.80/2009 registered with Bhokardan police station on the complaint of one Vaishali Sathe, on 10.12.2009. The applicant, it is informed, is arrested on 12.12.2009 and since then is in jail. 2. Heard learned counsel for the applicant and learned {2} APP. 3. Perusal of papers of investigation and the compliant indicate that the dead body of the father of the complainant was found in a well situated in the field of one Gopinath. Hands of the deceased were found tied with nylon rope and rope was also found tied around the neck of the deceased. The cause of death, as per Postmortem notes, is due to strangulation. Considering the situation in which the dead body was found, it can be inferred that the death is homicidal and not suicidal. Considering these facts coupled with the fact that the incident occurred after the evening of 9th December till early morning of 10th December, it is clear that the case of prosecution rests on circumstances and not on direct evidence. Though the applicant is in custody for more than 45 days, yet no witness is available or no witness is coming forward to depose that anyone had seen the applicant in the company of the deceased soon before the incident. In the premise, other than the earlier day quarrel between the deceased and one Gopinath where it is alleged that the applicant has asked the deceased as to why the deceased was enjoying water from the well. In fact, the applicant has nothing to do with the well or even with the field. No circumstances are coming forth to establish that the deceased was last seen in the company of the applicant. In the premise and taking into consideration the period for which the applicant is in jail, case is made out to enlarge him on bail, with certain conditions. {3} 4. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 20,000/- and on executing PR bonds in the like amount. The applicant is directed to give attendance to the concerned police station on every Wednesday and Saturday between 1.00 and 3.00 p.m. till completion of the investigation and filing of the charge sheet. [A.V.POTDAR, J.] drp/A10/criapln74-10