1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.515 OF 2010 Santosh s/o Janardhan Ajbe Age-30 years, Occ-Agri. R/o Parner, Tq-Patoda, Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ........ Mr.A.M.Gaikwad, Advocate for applicant Mr.N.B.Patil, APP for respondent State. ........ [CORAM : A.V.POTDAR, J.] DATE : 16th 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.111/2009 registered with Patoda police station for an offence punishable u/s 302 of the Indian Penal Code, as the applicant is in jail since the date on which the complaint is filed i.e. 11.12.2009. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation carried out till today. 2 3. It appears that the said offence is registered on the basis of the complaint of one Sanjay, father of the deceased Shankar, whose dead body was found lying in his own residential premises, as the same is pointed out by the applicant to the mother and sisters of the deceased. Perusal of PM notes indicates that the death of the victim is caused due to electric shock as the wrist of the deceased was found tied with electric wire which was plugged with electric button. It has also to be noted that liquor was found in the body of the deceased at the time of Postmortem. Allegation against the applicant is that he had an evil eye on the family of the deceased and due to same quarrel had taken place between them prior to 6 months of the said incident. Perusal of investigation papers does not disclose that the applicant was seen in the company of the deceased soon before or soon after the incident, however, dead body of the deceased was brought to the notice of his family members by the applicant. 4. Considering the papers of investigation, it appears that the case of the prosecution rests on circumstances and the applicant appears to be arrested on suspicion. It also appears that no witness is coming forth to state that he or she had seen the applicant in the company of the deceased soon before or after the incident. Considering these aspects and in view of the fact that the applicant is in custody for more than 60 days and nothing is recovered from him which is incriminating and connecting him with the alleged offence, case is made out to enlarge the applicant on bail. 3 5. In the result, the application is allowed. The applicant be released on bail in connection with CR No.111/2009 registered with Patoda police station on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. Applicant is directed not to leave the local jurisdiction of Patoda police station till completion of the investigation and to attend the said police station on every Friday between 3 and 5 p.m. Applicant may apply for relaxation of this condition after filing of the charge sheet. Applicant is also directed not to enter the village where the witnesses reside. (A.V.POTDAR, J.) drp/A10/criapln515-10