{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.311 OF 2010 Noorshaha s/o Yakubshaha Age-24 years, Occ-Labour R/o Mondha Bk. Tq-Sillod, Dist-Aurangabad APPLICANT VERSUS The State of Maharashtra Through Police Station Sillod, Dist-Aurangabad RESPONDENT ....... Mr. S.B.Rajebhosale, Advocate for applicant Mrs.Y.M.Kshirsagar APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 23rd February 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.71/2009 registered with Sillod police station for an offence punishable u/s 302, 201, 120-B r/w 34 of the Indian Penal Code. It is informed that the applicant is arrested on 26.05.2009 and after completion of the charge sheet has been filed and the case is numbered as SCC No.288/2009 and pending before the 5th Additional Session Judge, Aurangabad. {2} 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the complaint of one Tukaram Shingare on 25.05.2009, as the dead body of his son Pandurang was found in the field with his throat cut with sharp cutting weapon. It appears that initially the complaint was lodged against unknown persons, however on the next day supplementary statement of the complainant came to be recorded and he had suspected that the applicant had illicit relations with the wife of deceased and hence the applicant came to be arrested on 26.05.2009 and since then he is in jail. 4. Perusal of the papers of investigation and charge sheet indicate that the prosecution case rests on circumstances and there is no direct evidence against the applicant. Allegations against the applicant is that he has illicit relations with the wife of the deceased and with her help, by administering liquor, he has murdered the deceased. The instance against the applicant is evidence of two witnesses, who have seen the applicant with the deceased in the earlier night. However, there is no evidence in respect of last seen in company of the deceased. One knife is allegedly recovered at the instance of the applicant, however, no report of CA is on record even after 10 months period. In the premise, the evidence against the applicant is weak and hence case {3} is made out to enlarge the applicant on bail, however by imposing certain conditions. 5. In the result, the application is allowed. The applicant be released on bail in connection with CR No.71/2009 registered with Sillod police station on his furnishing surety in the sum of Rs. 20,000/- and on executing PR bond in the like amount. Applicant is directed not to enter village Mondha Bk till the trial of SCC NO. 288/2009 is finally disposed of. Violation of this condition would entitle the prosecution to apply for cancellation of bail. [A.V.POTDAR, J.] drp/A10/criapln311-10