1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.368 OF 2008 IN CRIMINAL APPEAL NO.299 OF 2008 Santosh Gopinath Waghmare ..Applicant V/s. The State of Maharashtra ..Respondent Mr.R.S.Thakur, advocate, for applicant Mr.P.S.Hingorani, A.P.P, for the State CORAM : F.I.REBELLO & K.U.CHANDIWAL, JJ. DATE : 22ND APRIL, 2008 P.C. . The accused in custody from 2nd March, 2007 has prayed to release him on bail claiming that the Postmortem carried by P.W.5 Dr.Kshirsagar was on 1st March, 2007 and the dead body in fact was found on 2nd March, 2007 at 12.30 P.M. While Inquest (Exh.17) was conducted between 12.30 to 14.00 hours. 2 2. The case is based on circumstantial evidence. The victim and accused were last seen together. The result of analysis (Exh.34) indicates that the hairs in Exh.8 i.e.hairs found in the hands of dead body of Ramesh Waghmare appears to be similar to the Exh.3 of M.L.Case No.B-1197/2007. There was injury over nose tip of the accused which was proved through P.W.5 Dr.Kshirsagar. There was no such explanation offered for such abrasion. The clothes of the accused were seized under Panchanama Exh.20. That apart, the injury referred above was fresh. No explanation was offered for the same. Blood group 'B' of the victim was also found on the soil and the stone seized from the spot. In the above situation, it cannot be said that the Postmortem was carried on 1st March, 2007 by P.W.5 Dr.Kshirsagar. The nature of accusation against the accused are serious. His release on bail will be sending bad signal in the area. We do not find any merit in the appln. Hence, same is rejected. (F.I.REBELLO, J.) 3 (K.U.CHANDIWAL, J.)