{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4234 OF 2009 Mahadeo s/o Anantrao Kale Age-32 years, Occ-Agri R/o Chandan Sawargaon, Tq-Kaij, Dist-Beed APPLICANT VERSUS The State of Maharashtra Through Police Station Officer Police Station Kaij, Dist-Beed RESPONDENT ....... Mr.S.S.Chaudhari, Advocate for applicant Mr.N.R.Shaikh, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 14 th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.91/2009 registered with Kaij Police Station for an offence punishable u/s 302, 210 r/w 34 of the Indian Penal Code, after the investigation is over and charge sheet is filed. 2. Heard learned counsel for the applicant followed by the {2} submissions of learned APP. Perused the papers of investigation. 3. It appears that the FIR is registered on the complaint of one Vaijnath Bobade, brother of the victim, on 17th May 2009, as dead body of deceased Ankush was found lying in the open space with his throat was found cut. The complaint came to be lodged, on suspicion, against one Haribhau Nakhate and during the course of investigation, the applicant came to be arrayed as an accused. 4. It is urged that the applicant is arrested on 18 th May 2009 on suspicion. Papers of investigation does not disclose direct or circumstantial evidence involving the applicant in the said offence. No doubt, the PM notes clearly establish that the death of Ankush is a homicidal death, as his throat was found cut with sharp cutting instrument. 5. Learned APP opposed the application by contending that the blood stained clothes are recovered from the house search of applicant and the blood found on the same matches with the blood group of the deceased. 6. Considering the rival submissions and the only piece of evidence, collected against the applicant i.e. recovery of clothes, during the house search, it has to bear in mind that the applicant is arrested on 18th May 2009, while the clothes are recovered on {3} 17th May 2009. No explanation is coming forth as to how the IO reached to the residential premises of the applicant before his arrest. Apart from it, after the arrest of the applicant, his blood is not collected or sent for testing. In the premise, case is made out to enlarge the applicant on bail, as investigation is already over and the charge sheet is filed. 7. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. The applicant shall not leave the local jurisdiction of Kaij police station, without permission in writing from the IO concerned, till completion of the trial [A.V.POTDAR, J.] drp/criapln4234-09