cran3262.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3262 OF 2011 Shibarya @ Shabbir Kunja Chavan ...Applicant Versus The State of Maharashtra ...Respondent ..... Mr. Vijay Sharma advocate for the applicant Mr. G.R. Ingole, A.P.P. for respondent ..... CORAM: SHRIHARI P. DAVARE, J. DATED: 5TH SEPTEMBER, 2011 PER COURT:- 1 Heard counsel for the respective parties finally. Perused the investigation papers which were made available. 2 This is an application preferred by the applicant seeking regular bail in connection with C.R. No. I-210 of 2010 registered at Parner Police station, District Ahmednagar for the offences punishable under section 396, 457 of I.P.C. 3 It appears that the offence has been registered on the basis of the complaint lodged by one Sahebrao Chimaji Wakare on 5.10.2010 alleging that about 3 to 4 burglars entered into the house of his uncle cran3262.11 -2- viz. Namdeo Bhau Wakare, unlawfully removing the door of the house and committed theft and assaulted to his uncle viz. Namdeo Wakare by the edged of sharp weapon on his head and face and committed his murder and thereafter fled away with stolen articles i.e. jewelery amounting to ` 1,30,000/-, cash amount of ` 25,000/- and a mobile phone. 4 Admittedly, the prosecution case rests upon the circumstantial evidence. The only evidence against the applicant is recovery of Katawani at his instance under discovery panchnama under Section 27 of the Evidence Act and that too from open space surrounded by bushes and shrubs and not beyond that. Moreover, the investigation has been completed and charge sheet has been filed. So also, the applicant is in fetters since 16.10.2010. Hence, the applicant deserves to be enlarged on bail but on certain conditions. 5 In the result, the present application is allowed and it is directed that the applicant Shibarya @ Shabbir Kunja Chavan be released on bail on furnishing P.R. bond of ` 20,000/- with one surety in the like amount, on the following conditions;- i) The applicant shall give his attendance before the in charge of Parner Police station, District Ahmednagar on cran3262.11 -3- first Monday of each month till disposal of trial. ii) The applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 6 Non attendance, as aforesaid, shall entail cancellation of bail. 7 The present criminal application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) rlj/