( 1 ) cra4680.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4680 OF 2010 Shaikh Riyaz Sk. Mohd. .. Applicant Age. 22 years, Occ. Agri., R/o. Manur, Tal. Shirur (Kasar), Dist. Beed. Versus The State of Maharashtra .. Respondent Mr. S.S. Thombre, Advocate for the applicant. Mr. B.J. Sonawane, A.P.P. for respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 10.12.2010 P.C. :- 1. Heard learned advocate and learned A.P.P. 2. Perused investigation papers. 3. The applicant is arrested for committing murder of one Gafar s/o. Harun Pathan. ( 2 ) cra4680.10 4. On 08.03.2010 a charred dead body of a man was found in the bathroom of Saibaba D.Ed. College. There was a pair of chappal. The dead body was unidentifiable. On next day, parents of the applicant and other relatives stated that the pair of chappal and clothes were of the applicant. Therefore, the father of deceased Gafar had lodged a missing report alleging that Gafar had gone out of house in the evening and had not returned. On the third day, his father came to know that applicant Riyaz had returned from Shirdi and therefore he enquired with the applicant, as to whereabout of Gafar. The applicant did not disclose thing. It was subsequently gathered during the course of the investigation that the applicant had eliminated Gafar and had arranged a show of his own death by placing his pair of chappals and clothes on the dead body. 5. The intention of the applicant to make such show of his death was that he wanted to marry a girl from village Manur. 6. The entire case of the prosecution is founded on ( 3 ) cra4680.10 circumstantial evidence. The identification of the clothes found at the place is also rather weak piece of evidence. There is no reliable evidence to show that the applicant and deceased Gafar were found in the proximity of D.Ed. college and particularly in the building itself, before the death of said Gafar had occurred. It appears that on account of a confessional statement of the applicant, he has been arrested. 7. The learned advocate for the applicant submits that the applicant will reside away from the village and will report his presence to Pathardi Police Station. In this view of the matter, the applicant is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with one surety in like sum, to the satisfaction of Sessions Judge and on further condition that he will submit an undertaking simultaneously while furnishing bail bonds to the effect that he will reside at village Pathardi and will report his presence to the P.S.O. of Pathardi Police Station on each Tuesday and Saturday between 8.00 p.m. to 10.00 p.m. and will not contact any of the ( 4 ) cra4680.10 prosecution witnesses and will make no attempt to tamper with the evidence of the prosecution. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cra4680.10