IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1231 OF 2009 1.Mangusing Dhanasing Chandana 2.Gopalsing Rajusing Chandana ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri Sanjeev P. Kanade for Applicants Shri S.R. Shinde, APP for State ---- CORAM: V.M. KANADE J. DATED 24TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 302, 201, 34 of the Indian Penal Code registered with Narpoli Police Station, Bhiwandi vide C.R. No.124 of 2008. 3. It is alleged that the Applicants committed the murder of an employee working in a jwellery shop. 4. There has been recovery of three locks and pair of silver painjan at the instance of the Applicant No.2 and the Applicant No.1 was last seen in the company of the deceased, where he took the deceased on his motorcycle and, thereafter, his dead body was found near the highway. 5. Since the only material which is available against the present Applicant No.2 is the three locks of the shop, in my view the Applicant No.2 deserves to be released on bail. 6. So far as Applicant No.1 is concerned, the deceased was last seen in the company of the Applicant No.2. There are two witnesses who had last seen the deceased in the company of the Applicant No.1 on his motorcycle which wen towards highway and that was the place where the dead body was found. In my view, the Applicant No.1 is not entitled to be released on bail, as a result, the application for bail filed by the Applicant No.1 is rejected. 7. Application for bail filed by the Applicant No.2 is granted. The Applicant No.2 be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall give one local surety and shall report to the concerned police station twice in a month. 8. Application is disposed of. V.M. KANADE J.