1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4060 OF 2009 Janardhan Murlidhar Arle, Age-65 years, Occu-Agriculturist, R/o.Tajnapur, Ta.Shevgaon, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.R.K.Temkar, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 27/11/2009 PER COURT : 1. By the present application, the applicant who is an accused arrested in connection with CR No.94/2009 by Shevgaon Police Station of Dist. Ahmednagar in connection with an offence u/s. 302, 210 of IPC has approached this Court for his release on bail. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP appearing for State. Also perused the papers of investigation as the charge sheet is already filed in this case on 08/10/2009. 3. From the papers of investigation till carried out as well as submissions made across the bar advanced by both the sides, it appears 2 that one dead body of female was found in the well on 07/08/2009 in the field of village Bodkhe. The dead body was in decomposed condition and not identifiable. Medical Officer was called on the spot and after completing the formalities i.e. the inquest panchnama, the panchnama of clothes of dead body and postmortem was conducted at the spot only. Considering the typical condition of the body, the dead body was disposed of there and there only. On the next day, when the Police Officer tried to trace out the relatives of female dead body, one Ambadas Khedkar r/o. Tal.Shevgaon came forward, who identified the clothes which were seized from the dead body as the clothes of his daughter Manisha. It is revealed that the said Manisha had got married with one Darade, but her husband has deserted her and she was residing with one Vishnu Arle, the son of present applicant, R/o.Chitegaon, Tq.Paithan, Dist.Aurangabad as her concubine. Statement of parents of alleged Manisha were also recorded during the course of investigation. 4. It is urged across the bar that on 10/08/2009, the applicant was arrested on suspicion in connection with this offence while there was no direct evidence against him which can establish his links with death of the deceased Manisha. It is also urged that as this is a case of circumstantial evidence, and which is a weak evidence, considering the advanced age of the applicant and as he is suffering from some diseases, he be released on bail. 5. The application is opposed by learned APP appearing for the State on the ground that statement of 3 witnesses were recorded from which it revealed that on 26/07/2009, these 3 persons noticed that the applicant was carrying one bag admeasuring 3 x 2 feet which was recovered at the instance of applicant which is an incriminating evidence against the 3 applicant. In the premise, there are circumstances to involve the applicant in the present crime, hence he may not be released on bail. 6. Considering these submissions across the bar, one fact is clear that initially the offence was registered against the unknown person. Later on 10/08/2009, on suspicion, this applicant was arrested by the police in connection with this offence as to save marriage of his son, he might have committed the murder of deceased Manisha who is the alleged concubine of his son Vishnu. It appears from the papers of investigation that the daughter in law i.e. the wife of Vishnu has filed an affidavit before the Court of sessions alleging as well as denying relation of her husband with deceased Manisha and further stating that her father in law has nothing to do with the alleged allegations against her husband. Considering the fact that there is no direct evidence against applicant to connect him with the murder of said Manisha, advanced age of applicant, and considering that the investigation in this case is over and charge sheet is already filed, the application deserves following order : O R D E R 1. Application is allowed. 2. The applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.4060-09