IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3336 OF 2008 CRI.APPLICATION NO.3336 OF 2008 CRI.APPLICATION NO.3336 OF 2008 Kiran Vinod Purav, .. Applicant. Vs The State of Maharashtra, .. Respondent. Mr Ganesh Gole, for the applicant. Mr K.V.Saste, APP for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 13/10/2008 DATE : 13/10/2008 DATE : 13/10/2008 PC: PC: PC: 1. Heard Mr. Gole, learned counsel for the applicant and Mr.Saste, learned APP, for the State. 2. The applicant has prayed for bail in C.R.No.I-98 of 2008 of Virar Police Station, District-Thane. The said crime has been registered against the applicant for having committed an offence punishable under section 302 read with 34 of IPC. Insofar as the present applicant is concerned, at the outset, Mr Gole, learned counsel for the applicant, submitted that there is no direct evidence against the applicant and none of the witnesses has even indirectly named him as one of the assailants. He further submitted that the deceased made oral dying declaration to the three witnesses, i.e. Deepa -complainant, Anusaya Gharat and Vasant Gharat and to them the deceased told that Rohan assaulted him. The deceased did not take the name of the present applicant. There is no other evidence such as recovery of weapon or attachment of blood stained clothes on record insofar the present applicant is concerned. None of the submissions advanced by the learned counsel for the applicant have been controverted by the learned APP. On the contrary, he fairly submitted that the police have arrested the applicant only on the basis of the statement made by Rohan, the co-accused. In reply to this submission, Mr Gole submitted that insofar as the statement of Rohan is concerned his statement is inadmissible in evidence and that there is no incriminating material on record to connect the accused with the alleged offence of murder. Having regard to the submissions of the learned counsel for the parties and overall facts and circumstances of the case including the fact that there is no material to show the applicant’s complicity in the alleged offence, I am inclined to enlarge him on bail. Hence, the following order. 3. The applicant be enlarged on bail in the sum of Rs.20,000/- with one or two sureties to make the said amount, subject to condition that the applicant shall report to the concerned police station every 2nd and 3rd Saturday of every month between 10 and 11 am till the 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 without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)