1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI. APPLICATION NO. 4143 OF 2008 (DHANRAJ MAHADEO TANBA RAJGIRE VS. STATE OF MAHARASHTRA THR. PS MOUDA) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri P.P.Kotwal, Advocate for applicant. Shri K.S. Dhote, A.P.P. for respondent. CORAM : R.C.CHAVAN, J. DATED : JANUARY 21, 2009. 1. Heard learned counsel for the parties. 2. This is an application by an accused, who has been arrested in connection with offence punishable under Section 302 of the Penal Code, registered upon murder of one Dildas Rajgire, real brother of the applicant. The learned counsel for the applicant points out that the applicant's complicity in the offence is not indicated. The material seized and sent to the Forensic Science Laboratory does not show that blood stains, identifiable of a particular blood group, were found on the articles seized and sent to the Laboratory. 2 3. Reply filed on behalf of the learned Additional Public Prosecutor shows that the witnesses Subhash and Dnyaneshwar had seen the present applicant running towards the canal and they had also seen dead body of Dildas. This in itself may not be enough to deny bail to the applicant. Investigation in the case is over and chargesheet has already been filed. 4. In view of this, the applicant be released on P.R.B. in Rs.Fifty Thousand with solvent surety in the like sum, on the condition that the applicant shall attend the Police Station concerned every Sunday at 10.00 a.m. till the trial is over. 5. Hamdast allowed. JUDGE RR.