{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.86 OF 2010 Irwanta s/o Sambhaji Biradar Age-30 years, Occ-Driver R/o Kawalgaon, Tq-Degloor Dist-Nanded APPLICANT VERSUS The State of Maharashtra Through police station, Degloor Dist-Nanded RESPONDENT ....... Mr.U.B.Bilolikar, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th January 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.113/2009 registered with Degloor police station. 2. It appears that the said offence came to be registered on the complaint of one Shivmangalbai in respect of an incident in which dead bodies of the son of the complainant – Mahesh and his {2} friend Sangram were found in a forest area near a field in the early morning of 30.07.2009. It is alleged that both the deceased were found brutally murdered. Hence, complaint is lodged against present applicant and 3 others on suspicion. The applicant came to be arrested on 01.08.2009 and since then he is in jail. It is informed that after completion of investigation charge sheet has been filed on 02.11.2009. 3. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 4. So far as present case is concerned, admittedly, the same rests on circumstances as there is no direct evidence. With the assistance of learned counsel for applicant and learned APP I have gone through the statements of the witnesses recorded during the investigation. It appears that the applicant had doubt, as is reflected from the statements of the witnesses, that the deceased Mahesh had illicit relations with his wife. On that count earlier a quarrel had taken place between deceased Mahesh and the applicant, which was latter on settled. The alleged incident has occurred in the night between 29.07.2009 and 30.07.2009. Statements of witnesses, recorded during the investigation, disclose that the accused were found in the company of the deceased soon before and after the incident. Careful perusal of the statements would reveal that they are silent in respect of presence of the applicant along with the persons, who are seen in the {3} company of the deceased. So far as circumstance of last seen together are concerned the same are not available against the present applicant. In the premise, the case rests only on assumptions and presumptions. Admittedly, there is no recovery at the instance of the applicant. In the premise and considering the fact that the applicant is in jail for more than 5 months, he is entitled to be set at liberty, however, by imposing certain conditions. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. Applicant is directed not to enter in Kawalgaon village till commencement of the trial. Thereafter, the applicant may apply for relaxation of the said condition. [A.V.POTDAR, J.] drp/A10/criapln86-10