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. 4363 OF 2008 CRIMINAL APPLICATION NO. 4363 OF 2008 CRIMINAL APPLICATION NO. 4363 OF 2008 Shri Sunil Narain Bhoir ...Applicant vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 17, 2009 DATED : JANUARY 17, 2009 DATED : JANUARY 17, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Section 302 of the IPC. In the FIR, it is stated that the one unknown person had given knife blows to the deceased. The deceased was found in an unconscious condition and therefore, he was taken to the hospital where he was declared dead. The applicant thereafter was arrested on 9th May, 2008 and thereafter, statements of some of the wintesses have been recorded. It was stated that before the deceased died, he had mentioned that the applicant had committed - 2 - the said offence. 3. In my view, there is no reference made to the said conversation between the deceased and his relatives in the FIR and only in the subsequent statements which were recorded after the applicant was arrested, this story has been narrated. It does create some suspicion about the suspicious statements recorded by the police. Charge-sheet has already been filed. Under these circumstances, the continued detention of the applicant is not necessary. 4. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount in connection with an offence registered at Mahatma Phule Chowk vide C.R.No.I-178/2008 punishable under Section 302 of the IPC. The applicant shall report to the concerned police station once in a month. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)