1 (Appa 1231 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1231 OF 2011 IN CRIMINAL APPEAL NO.1121OF 2011 Vinod Pandharinath Temghare ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Amin Solkar and Husen Shaikh for Applicant Smt.V.R. Bhosale -APP for State ----- CORAM: V.M. KANADE, & A.M. THIPSAY, JJ. DATED: 12th October, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the learned APP for State. 2. The Applicant has been convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer R.I. for life. 3. The prosecution case in brief is as under: The Police Sub-Inspector Dagadu Dada Avhad attached to Bazar Gate Police Station, Kalyan received a telephone call on 1.9.2008 at about 3.30 p.m. from P.S.I. Kamathe, who was attached to Mahatma Phule Chowk Police Station, Kalyan. The said P.S.I. Kamathe informed 2 (Appa 1231 of 2011) him that one boy viz. Vinod Pandharinath Temghare came to the police station and informed him that he had committed murder of his girl friend Arti Londhe by strangulation and her dead body was in the room of Sharan Lodge. After receiving this information, P.S.I. Dagadu Avhad went to Sharan Lodge and with the help of a duplicate key which was given by the manager of the lodge, he opened the said room No.205 in presence of the panch witnesses and the police officers. The dead body of Arti Londhe was found on the bed. The manager informed PSI Avhad that one boy and the girl had entered their names as Yogesh Shirke and Swati Jadhav, who were staying in room No.205 from 11.30 a.m. and after sometime, the boy left the lodge and informed the manager that he was going to the medical store to purchase medicines but thereafter he did not turn back. 4. The prosecution has relied on the evidence of the father and sister of the deceased, both of them have stated that the Applicant and the deceased were having a love affair. The accused was, thereafter, arrested and his clothes were seized by the police and sent for chemical analysis and thereafter charge-sheet was filed and the Trial Court convicted the accused for the commission of 3 (Appa 1231 of 2011) the said offence. 5. It is submitted that the prosecution had not established its case beyond reasonable doubt. It is submitted that there is no material on record to prove the presence of the Applicant in the said room. It is further submitted that the police officer, who had informed the complainant Dagadu Avhad was not examined. No entry was made in the station diary by the complainant about having received the telephone call. It is submitted that the manager of the hotel was also not examined and the Trial Court had merely convicted the Applicant on the basis of the evidence of the father and sister of the deceased and on the basis of the blood stains which were found on the clothes of the accused. 6. On the other hand, the learned APP for the State has vehemently opposed the application for bail. She invited our attention to the impugned judgment and order and submitted that the application for bail may be rejected. 7. In our view, the submissions made by the learned counsel for the Applicant will have to be accepted. We have gone through the notes of evidence and statements 4 (Appa 1231 of 2011) of six witnesses which are examined by the prosecution. Prima facie, the presence of the Applicant in the said hotel at the relevant time is not established. This could have been done if the prosecution had examined Kamathe or the manager of the hotel. There is no recovery of the original key of the room at the instance of the Applicant. Even the entry made in the station diary, if any, by the Police Officer Kamathe is not brought on record. Under these circumstances, the Applicant deserves to be released on bail. 8. The Applicant be released on bail on execution of P.R. Bond of Rs.10,000/- with one or two sureties in the like amount. He shall, however, report to the concerned police station once in a month. 9. Place the Criminal Appeal on the final hearing board in the weeks commencing from 21st November, 2011. Application for bail is disposed of. (A.M.THIPSAY J.) (V.M. KANADE J.)