( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4165 OF 2010 Shivdas s/o Sukhadev Chavan, R/o Wadhona-Tanda, Taluka Jafrabad, District Jalna. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Smt. Sadhana S. Jadhav, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 23rd November, 2010] PER COURT : 1. The application is for bail. 2. Heard learned advocate for the applicant and learned A.P.P. 3. Having considered the investigation papers and recitals of the FIR, it prima facie appears that the alleged incident is said to have occurred in between 10th May, 2010 and 15th May, 2010. The FIR is based upon statement of the applicant himself and, therefore, his confessional statement ( 2 ) cannot be taken into account. The only part of the statement of the applicant, which is relevant, is regarding the place shown by him wherefrom certain ash and bone pieces were recovered. The entire case is built up on basis of circumstantial evidence including the alleged fact that the applicant and deceased Dashrath were seen together on 10th May, 2010. Considering the nature of evidence collected against the applicant and the fact that the chargesheet is already filed, further detention of the applicant is not required. It would suffice if certain conditions are put in order to secure fair trial. 4. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) with one solvent surety bond in the like sum, to the satisfaction of the Court of Sessions, and on further condition that he shall not contact any of the prosecution witnesses during the course of the pendency of the sessions trial. [V.R. KINGAONKAR] JUDGE NPJ/criapln4165-10 ( 3 )