1 Cri-A-52-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 52 OF 2011 Shri Suresh Ganpat Dedage ... Applicant Vs. State of Maharashtra ... Respondent Mr. Rajendra Anbhule,Advocate, for the applicant. Mrs. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st February, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.235/2010 registered at Karmala Police Station under Section 302 read with Sec. 34 of IPC. 2. As per the FIR lodged on 26.7.2010 by Smt. Tai Shahji Pawar, her six-year-old son Kaniknath had left the house on 23.7.2010 at about 6 p.m. just to play. However, thereafter he never came back. On 26.7.2010, his dead body was found in a well with several injuries and particularly on the head. In the FIR, she expressed suspicion against the present applicant Suresh, who is accused No.1 , accused No.2 - Sunil and one Vishal on the ground that these persons used to insist her for sexual favour as she is a widow and they had also threatened to kill 2 Cri-A-52-11.sxw her son if she did not oblige. Thus, the FIR gives suspicion and also provides some motive. However, there was no eye-witness. The three witnesses, namely, Jagannath, Shivaji and Savita stated before the police that they had last seen the deceased Kaniknath with Vishal Waman Dedge, who is said to be aged about 15 years. One stone which was allegedly used for commission of crime was seized on the basis of information given by Sunil. Surprisingly, Vishal. in whose company the deceased boy was seen was never interrogated by the police and charge-sheet is filed merely on the basis of suspicion shown in the FIR. No evidence against the present applicant is collected. 3. Therefore, the applicant be released on his executing P.R. of Rs. 15,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)