1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5306 OF 2009 Shri Sunil Dnyaneshwar Bhujbal ...Applicant vs. Senior Inspector of Police, Khed Police Station, Pune & Anr. ...Respondents Mr.A.P. Mundargi, Sr.Counsel i/b. Mr.U.B. Nighot for the Applicant. Mr.Y.M. Nakhwa, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 9, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Sections 302, 376(1)(G), 201 read with 34 of the IPC registered vide C.R.No.131/2009 at Khed 2 (Rajgurunagar) Police Station, Pune. 3 The learned Counsel for the applicant submitted no role has been attributed to the present applicant in respect of the alleged offence of rape and murder of the deceased. It is submitted that the only allegation against the present applicant is that one of the accused had taken the photographs of the co-accused while he was committing rape on the prosecutrix and had shown this clip to the present applicant. It is submitted that no recovery has been made at the instance of the present applicant and there is no other material on record either to show that he was present at the scene of the offence or had assisted the accused in any manner either in the case of rape or murder of the prosecutrix. 4 I have perused the chargesheet and the statements of the witnesses which are recorded and the panchanama of recovery made at the instance of the other accused who had allegedly committed the 3 said offence of rape and murder. However, in none of these statements, any of the witness has stated that the applicant was present at the scene of the offence when the said offence was committed by the other accused. That being the position, it is difficult to come to a conclusion that the applicant had either abetted the commission of the said offence or had acted in furtherance of the common intention of the other accused. 5 The learned APP for the State also fairly conceded that there was no other material on record to suggest the presence of the present applicant at the scene of the offence or that he had acted in furtherance of the common intention of the other accused who had committed the said offence. The applicant, under these circumstances, deserves to be released on bail. 6 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the 4 like amount. The applicant shall report to the concerned police station once in a month. 7 Application is disposed of. (V.M. KANADE, J.)