1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5269 OF 2009 Sunil Tukaram Ranpise .. Applicant V/s State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.P. Mundargi, Senior Advocate with Mr. Balasaheb Deshmukh for the applicant. Mr. A.S. Gadkari, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 15TH FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No. 356 of 2009 dated 30th July 2009 registered at Bhosri Police Station, District Pune for an alleged offence punishable under section 302 read with 34 of 2 the I.P.C. 3. The prosecution case, stated briefly, is that in the night of 29th July 2009, Sanjay @ Hausiram was killed and his dead body was found on the morning of 30th July 2009. Kailash – brother of Hausiram, lodged a F.I.R. in the morning of 30th July 2009 against unknown persons. In the F.I.R., he only stated about the previous enmity of Hausiram with one Mr.Sandeep Dormane, who is alleged to have illicit relationship with the wife of Hausiram. 4. During the course of investigation, the applicant was arrested. Three other persons, viz. Shivaji Borade, Rahul Bhosale and Sunil Ranpise were also arrested. Shivaji is alleged to have made an extra judicial confession of having killed Hausiram in the presence of Pradeep @ Pappu Balasaheb Adak and Maruti @ Sonya Ashok Shivale. In the said extra judicial statement, Shivaji named the present 3 applicant as one of the persons accompanying him at the time of assault. The police have seized the blood stained clothes allegedly worn by the applicant at the time of seizure made on 31st July 2009, i.e. after about 2 days of the crime. 5. The entire evidence against the applicant is circumstantial. There is no eye witness. It is unlikely that the applicant would be wearing the same blood stained clothes for two days after the crime. The alleged extra judicial confession is made by a co-accused and not by the present applicant. 6. The applicant has been arrested in July 2009 and is in custody for more than 6 months. The trial is not likely to commence soon. Taking all this into consideration, in my view, the applicant can be granted bail. Hence, I pass the following order:- 4 ORDER The applicant be released on bail on his executing a personal bond of Rs.15,000/- with one surety of the like amount subject to a condition that he shall report to the concerned police station once a fortnight in the 1st and 3rd week of every British calendar month. (D.G. KARNIK, J.)