1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.249 OF 2010 Azhar @ Ajhar Manjoor Shaikh, Age-26 years, Occu-Fitter, R/o.Beldar Galli, Ahmednagar, Tq. and Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.S.R.Chaukidar h/f. Mr.N.C.Garud, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.43/2009 wherein after completion of investigation, charge sheet was filed on 13/07/2009. Thereafter the case was committed to the Court of Sessions and numbered as Sessions Case No.167/2009, wherein the applicant came to be arrested on 26/10/2009 after his anticipatory bail application was rejected and he surrendered. 2. Heard submissions of learned counsel for applicant followed by the submissions of learned APP appearing for the State. It appears 2 that initially the complaint was lodged about the dead body of one Sayyad Chand which was found lying near Beleshwar Mandir and accordingly ADR was reported vide ADR No.39/2008. Thereafter on 16/09/2008, the FIR came to be registered on the basis of which the present offence came to be registered. It appears that thereafter on 18/09/2008, statement of the wife of deceased was recorded and 3 other witnesses including the statement of accomplice was recorded. 3. Considering the submissions across the bar, apart from the death of deceased Chand is homicidal death, the case naturally rests on circumstances and there is no direct evidence available against the applicant. Out of the incriminating evidence against the present applicant, there are statement of two witnesses which were recorded after the span of about more than 5 months after the alleged incident noted initially as ADR and later on CR was registered. 4. Considering this aspect, and the applicant accused is in custody since August 2009, it appears that one more accused in this case is still absconding and the trial will not commence in the near future unless separated against the accused already released on bail and against the present applicant. In the premise, the applicant can not be detained for uncertain period and hence following order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like 3 amount. 3. After released on bail, applicant not to leave the local jurisdiction of Camp Police Station, Ahmednagar till the commencement of trial, without previous permission in writing from the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.249-10