( 1 ) 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 CRIMINAL APPLICATION NO.3818 OF 2007 CRIMINAL APPLICATION NO.3818 OF 2007 CRIMINAL APPLICATION NO.3818 OF 2007 Rajendra Jambu Salunkhe .. Applicant. Versus The State of Maharashtra .. Respondent. Mr.Umesh Mankapure for the applicant. Mr.H.J.Dedhia, A.P.P. for the State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 5th May, 2008. DATED : 5th May, 2008. DATED : 5th May, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Umesh Mankapure appearing for the applicant and Mr.H.J.Dedhia, A.P.P. for the State. 2. The applicant apprehends arrest in connection with C.R.No.53 of 2006 of Shahuwadi Police Station, District Kolhapur under Sections 302, 201, 120-B r/w. Section 34 of the I.P.C. The prosecution alleges that the applicant has caused the death of Pradeep Koli and according to the prosecution, the applicant and co-accused were seen together in the month of March, 2005 and, thereafter, Pradeep Koli could not be noticed. The aforesaid crime came to light when the ( 2 ) present applicant and other accused came to be arrested in connection with some other offences and when they are said to have informed the police about the occurrence in the course of investigation. 3. It is required to be mentioned that no specific complaint was filed by the parents of Pradeep Koli as regards fact of his missing and it is only when the police went to the house of the parents of Pradeep Koli, statements were rendered by nearby relatives of Pradeep Koli i.e. the father, Mrs.Manisha Babasaheb Koli and Mrs.Mangal Chandrakant Koli about the applicant and the co-accused having gone alongwith Pradeep Koli and Mr.Mulla wayback on 23.1.2005. Apart from this material, there is no other evidence in the nature of eye witness or there is no recovery or discovery at the end of this applicant. 4. In my view, the quality of the material placed before the Court is the statements of nearby relatives, who talk of the applicant in the company of the deceased in regard to a period practically one year prior to the rendering of the statements. No proper explanation is coming forth as regards non filing of complaint for missing of Pradeep. Hence, I am inclined to consider the prayer of the present ( 3 ) applicant for bail, particularly, when the co-accused have been granted bail. Hence the order :- a) The bail application of the applicant is granted concerning C.R.No.53 of 2006 of Shahuwadi Police Station, District Kolhapur. It is hereby ordered that the applicant be released on bail in the sum of Rs.20,000/- with one surety in the like amount. The applicant to execute P.R.Bond in the sum of Rs.20,000/-. b) The applicant to report to Shahuwadi Police Station, District Kolhapur on every Monday and Thursday between 5.00 p.m. and 10.00 p.m. till the evidence of the near relatives of the deceased is over. 5. Application for bail stands disposed off. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)