1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2593 OF 2009 Sapan Khudiram Ghodai, .. Applicant Vs State of Maharashtra .. Respondent Ms.Satraj Shaikh,, Advocate for the Applicant. Mr.J.P.Yagnik, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 22/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.560 of 2008 of Khar Police Station. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 302 and 380 of IPC. 3. This is a case of circumstantial evidence. According to the prosecution, last seen together, recovery of articles of the deceased and motive are the circumstances go against the T 2 applicant. Ms Shaikh, learned counsel for the applicant, invited my attention to the statement of one Vinodkumar Harishankar Chaube and submitted that none of the circumstances shows the complicity of the applicant in the offence. Ms Shaikh, further submitted that, Vinodkumar was with the applicant and both together were with the deceased in his hotel room when they last left company of the deceased at midnight. While leaving the room, according to this witness, the applicant carried with him two articles belonging to the deceased, namely, Rudrakshamala and gold chain. These are the same articles, which were recovered during investigation. From the statement of this witness, it is clear that he was with the applicant when the applicant last left company of the deceased. Ms Shaikh submitted that there is no material on record to show that after the applicant and Vinodkumar left the room, where the deceased found dead, the applicant went back to the room. Having considered the submissions of the learned counsel for the parties and considering overall acts and circumstances of the case, I am inclined to enlarge the applicant on bail. Hence, the following order. The applicant is directed to be enlarged on bail in the sum of Rs.25,000/- with two sureties to make up the said 3 amount, subject to condition that the applicant shall report to the concerned police station on every Saturday between 6 and 7 pm till conclusion of the trial. The applicant shall also attend every date of hearing before the trial Court. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)