1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4011 OF 2009 Mahadeo Ankush Sangolkar ..... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. Jaydeep D. Mane for the applicant. Mr. H.J. Dedhia, APP for the State. CORAM: V. M. KANADE, J. DATE : 10TH DECEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested for the offence punishable under section 302 of the Indian Penal Code which is registered with Sangola Police Station vide C.R. No. 91 of 2009. 3. A dead body of one Sadashiv Namdeo Gend was found on the local road of the village. His wife filed a complaint in which she mentioned that any one of the six persons stated in the complaint could have committed murder of her husband. The dead body was found on 24/03/2009. The applicant was arrested on 28/4/2009. The only material against the present applicant is that one blood-stained knife 2 was found in his pocket and blood-stained clothes were also recovered at his instance from his house. Apart from the said material, there is no material to indicate the involvement of the present applicant. The report of C.A is still awaited. Therefore, it cannot be said that blood found on the knife and the blood-stained clothes were that of the deceased. In my view, material on record is insufficient. The Investigating Officer has arrested all six persons and other five persons were discharged under section 169 of the Criminal Procedure Code. To say the least, the material on record is not sufficient to implicate the present applicant in the commission of the said offence. Applicant, therefore, deserves to be released on bail. 4. Applicant be released on bail in C.R. No.91 of 2009 registered with Sangola Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. 5 Trial Court shall not be influenced by the observations made by this Court while deciding this application for bail as the said observations, essentially, are prima facie in nature. Trial Court shall decide the criminal case on its own merits and in accordance with law. 6. Application is disposed of. (V.M. KANADE, J.)