( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4668 OF 2010 Bharat s/o Kisan Ghodke, R/o Awar Pimpri, Taluka Paranda, Dist. Osmanabad. APPLICANT VERSUS The State of Maharashtra and another. RESPONDENTS .... Mr. A.S. More, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd November, 2010] PER COURT : 1. The application is for regular bail under section 439 of the Criminal Procedure Code. 2. The applicant is arrested in connection with Crime No. 64/2010, registered at Paranda Police Station for offence of murder punishable under section 302 of the I.P. Code. 3. Upon hearing learned advocate for the applicant and learned A.P.P. and on perusal of the investigation papers, it prima facie appears that there was no clue available ( 2 ) immediately after the death of Bibhishan Narote. The death was reported to the informant on 3rd July, 2010 at about 7 a.m. The deceased was found lying dead on a cot in front of his farm-house. There was an injury on right side upper portion of the head above the ear, wherefrom blood was oozing and the food was vomitted from the mouth. It appears from the FIR that deceased Bibhishan was residing in the farm-house with his mother and his wife and the children were residing at Ahmednagar for the purpose of education of the children. The evidence collected against the applicant is of circumstantial nature. It is alleged that clothes of the applicant were recovered and found to bear stains of blood. The blood group of the blood stains is not yet determined because the C.A. report is awaited. The applicant is said to be the previous agricultural servant of the deceased. The motive behind the crime is unclear. Having regard to the nature of evidence collected against the applicant, I find that he is entitled to discretionary relief of bail as the sessions trial is likely to consume much time. 4. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs. 25,000/- (rupees twenty five ( 3 ) thousand) with one solvent surety bond in the like sum, to the satisfaction of the Court of Sessions and on further condition that he shall not enter village Awar Pimpri till completion of the sessions trial. [V.R. KINGAONKAR] JUDGE NPJ/criapln4668-10