(1) CRI.APP. 3702.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3702 OF 2010 Dhanraj S/o Pralhad Salunke, Age 21 years, Occu.: Labour, R/o Kolnhavi, Tq. Yawal, District : Jalgaon .. Applicant VERSUS The State of Maharashtra Copy to be served on G.P. High Court Bench at Aurangabad .. Respondent ... Mrs. Sadhana S. Jadhav, Advocate for the Applicant Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 18TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is under section 439 of the Code of Criminal Procedure. 2. The alleged incident occurred on 5.1.2010. The deceased by name Shekhar Sonawane and the applicant were on cross terms because cousin of the deceased, namely, Sonu alias Pratibha had developed illicit sexual relations with the applicant. Both of them had threatened each other to cause the death of one another, when the quarrel had ensued between them (2) CRI.APP. 3702.2010 some days before the alleged incident. It is alleged that on 5.1.2010 at about 8.00 am., deceased Shekhar and the applicant were talking with each other and afterwards, deceased Shekhar had left his house with axe in his hand. The applicant lateron went behind him on motorcycle. The deceased did not return home. His mother lodged FIR on 12.1.2010 alleging that deceased Shekhar was not found but she came to know that on 10.1.2010 his dead body was found in a well in the outskirts of the village. She suspected that due to dispute over the money gained during course of cards gambling and because of illicit relations between cousin of deceased Shekhar and the applicant, the applicant alongwith his accomplices had assaulted deceased Shekhar by means of axe and dead body was thrown in a well. 3. It is conspicuous that the FIR was lodged on basis of suspicion entertained by the informant i.e. Smt. Ashabai Sonawane. No recovery of any weapon was made at the instance of the applicant during the course of investigation. Chargesheet is already filed. There is no direct evidence against the (3) CRI.APP. 3702.2010 applicant and there appears circumstantial evidence against him in respect of his being last seen in the company of the deceased in the relevant morning. It is important to notice that the FIR does not show that during course of enquiry in the evening of 6.1.2010 the informant was told about the deceased being in the company of the applicant. There is a statement of Shrikant Saindane which shows that in that morning at about 8.00 am., he had seen the applicant talking with Sonu alias Dinesh Salunke. He further saw that deceased Shekhar was in the proximity of them. He also noticed that after some time deceased Shekhar picked up an axe and left the house whereas Sonu alias Dinesh Salunke proceeded on foot and the applicant lateron went behind on a motorcycle. It is difficult to say that there was immediate cause for elimination of deceased Shekhar in that morning. The statements of other witnesses go to show that they had seen three young boys proceeding towards the agricultural land and subsequently after about one hour they had seen two of them returning on motorcycle. In any case, the (4) CRI.APP. 3702.2010 prosecution case appears on circumstantial evidence. The witnesses who had seen deceased Shekhar, the applicant and Sonu alias Dinesh were not knowing either of them. Under these circumstances, the applicant deserves liberty on certain conditions. 4. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing bail bonds in sum of Rs.25,000/- (Rs. Twenty Five Thousand) with solvent surety bond in the like sum to the satisfaction of the Court of Sessions and on further condition that he shall not enter limits of village Kolnhavi until the trial is over. He shall furnish an undertaking that he will not enter limits of the village and will not contact any of the prosecution witnesses during pendency of the trial, simultaneously while furnishing bail bonds before the Court of Sessions. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp