abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4065 OF 2007 Deepak Haribhau Bonde .. Applicant V/s The State of Maharashtra .. Respondent Mr.V.V. Purwant for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 21ST FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant has been arrested on 21st February 2007 and is charged with an offence punishable under sections 302, 201, 365 read with 34 of the Indian Penal Code. Charge sheet has been filed in the Sessions Court at Panvel/Alibaug and the trial has not yet commenced. 3. The applicant is alleged to have killed Ananta Mhaskar. His dead body is alleged to have been discovered at the instance of the applicant on 25th - 2 - February 2007. It is alleged that the applicant and the deceased were last seen together on 18th October 2006. Admittedly, there is no eye witness and the applicant is connected with the crime only on the basis of two pieces of evidence, namely last seen together on 18th October 2006 and the alleged discovery of the dead body at his instance. 4. Ananta has been missing from the house since 18th October 2006. A missing complaint however was filed only after 11 days by the brother of Ananta. Obviously, the complaint must have been filed after deliberations in the family, including the wife of Ananta, who is the first informant. In the missing complaint, it is not mentioned that Ananta was last seen with the applicant. The FIR was filed on 12th February 2007, that is approximately after 4 months. Though she alleges enmity with Deepak - the applicant, she has stated in the FIR that her husband last left the house with Ram Bonde and not the applicant. 5. Taking into consideration the nature of the evidence and also the fact that there is no eye witness, the evidence is entirely circumstantial and the possibility of missing links, the delay in filing the FIR, the omission to mention the allegation of last seen together in the missing complaint as also the FIR, and - 3 - also taking into consideration that the applicant is in custody for nearly one year and the trial is not likely to commence soon, the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on his executing personal bond of Rs.25,000/- with two sureties of the like amount subject to the condition that the applicant shall report to the concerned police station once a month between 1st and 5th day of every British calendar month. It is clarified that all observations made herein are only prima facie and the trial court shall not in any way be influenced by any of the observations made herein at the trial. (D.G. KARNIK, J.)