1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2335 OF 2009 1.Dattatray Machindra Harane @ Koli .. 2.Kattyappa Pandhari Koli .. 3.Baburao Siddhappa Koli .. 4.Susla Babu Koli .. Applicants. Vs. State of Maharashtra .. Respondents. Mr.P.G.Sarda for the applicants. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 17th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.1 of 2009 of Mandrup Police Station, Solapur. The said crime has been registered against the applicants and four others for having allegedly committed an offence punishable under sections 302, 201 r/w 34 of IPC. 3. It is the prosecution case that on 2.1.2009 the dead body of Mantesh Shivaji Koli was found hanging to tamarind tree and his both hands were tied. He died due to asphyxia due to strangulation. There is no eye witness to the incident. The 2 prosecution case rests on circumstantial evidence. The only circumstance, according to learned counsel for the applicants, relied upon by the prosecution is the motive. Three months prior to the incident, it is alleged, there was quarrel between families of the deceased and the applicant, and the quarrel was witnessed by several persons. It has also come on record that there was settlement between the two. Apart from this the learned A.P.P. could not and did not point out any other circumstance/s connecting the present applicant with the alleged incident. In the circumstances, I am inclined to enlarge the applicants on bail. Hence the following order: Applicants to be enlarged on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to condition that applicant nos.1, 2 and 3 shall report to the concerned police station on every alternate Saturday between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)