IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 846 OF 2009 Siddharam Nagnath Hulle ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri V.V. Purwant for Applicant Mrs. M.H. Mhatre, APP for State ---- CORAM: V.M. KANADE J. DATED 3RD MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 of the Indian Penal Code. 3. The prosecution case is that the deceased Borse and the Applicant Siddharam Hulle were friends and they both had served in Andaman and Nikobar Port Island. On the date of the incident, it is alleged that the Applicant and deceased had consumed liquor and they were in drunken state. Thereafter both had gone for swimming in a well, where Borse drowned and the Applicant called the neighbours and other people, however, the body of the Borse was not found. Since the well was deep, his body, however, traced out on the next date. 5. The Applicant, therefore, be released on bail in C.R. No.84 of 2008 registered at Valsang Police Station, Dist. Solapur in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station once in a month. 4. The only material on record against the present Applicant is the alleged extra judicial confession given by him to the mother of the deceased. The mother of the deceased has stated in her statement that the Applicant had informed her that he was going to kill the deceased in Andaman itself, however, he could not do that and, therefore, he had killed him on that date. Apart from this extra judicial confession, there is no other material to indicate that the Applicant had intentionally drowned the deceased. The other witnesses have stated in their statement that both the Applicant and the deceased were in drunken state and proceeding to go to the river for swimming and number of persons had advised them not to do so. Taking into consideration that both of them were in drunken state, under these circumstances, therefore, since the only material which is form of the extra judicial confession, is a vague type of evidence, the Applicant deserves to be released on bail. The chargesheet has already been filed. 6. Application is disposed of. V.M. KANADE J.