1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 354 of 2011 (Raju alias Rajkumar Baliram Chichkhede Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.G. Karmarkar, Advocate for the applicant. Mr. N.R. Rode, A.P.P. for the State/respondent. CORAM : M. N. GILANI, J. DATE : 20 th JULY, 2011. Heard. The applicant is seeking bail, who has been arrested in Crime No. 14/2010, registered with Police Station Hingna, District Nagpur, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. One Shakuntala Kadu lodged report in the Police Station Hingna, on 21/01/2010, alleging that her brother Ashok, who was operating tea stall at the square on Ring Road, Hingna, was found dead with injuries on his person. The postmortem examination revealed that death was homicidal. She had further stated in her F.I.R. that, two person, who were working on the tea stall and who often used to quarrel with the deceased, are not seen and have absconded. On that basis, offence came to be registered. 2 Suraj, who was one of those two boys working on the tea stall, was arrested on 21/01/2010. After charge- sheet was submitted against him, he was tried and acquitted on 02/07/2011. On 23/03/2011, the present applicant came to be arrested. The police submitted supplementary charge-sheet against him and the trial is pending. The applicant approached the learned Additional Sessions Judge with a prayer to release him on bail. It was rejected on the ground that soon after the incident, the present applicant and the other co-accused absconded. The learned APP submitted that the evidence available against the present applicant is of circumstantial nature i.e. the conduct of the applicant in leaving the spot and place of his residence and being not found till 23/03/2011. In my view this cannot be sufficient to refuse the bail. The application is allowed. The applicant is directed to be released on bail on his furnishing P. R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. JUDGE *sdw