2crn2722-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2722 OF 2010 Shaktiwel Chinnu Devendra. ... Applicant. Vs. The State of Maharashtra .. Respondent. .... Mr.Khan Abdul Wahab, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 09TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for regular bail preferred by the applicant for his release on bail during pendency of the trial. 2crn2722-10 2 2. The offence alleged against the present applicant is punishable under Sections 302, 201 read with Section 34/120B of Indian Penal Code. 3. Entire case of the prosecution is based on circumstantial evidence inasmuch as the dead body of the deceased was found in the morning on the next day of the incident and the complaint was lodged by one police officer against unknown assailants. During the investigation it was revealed that the sister of the deceased had love affair with the present applicant and this was not approved and liked by the deceased and at occasions the deceased had censored his sister and once had tried to set her on fire. According to the prosecution, probably this was the motive for doing away with the deceased and allegedly the applicant is the main brain behind the same and with the assistance of co-accused, on the fateful night he had committed murder of the deceased. 4. Admittedly, in this matter there is nothing recovered 2crn2722-10 3 at the instance of the present applicant. He is arrested only on the statement of the co-accused, against whom there are certain recoveries. Admittedly, there was no eye witness to the incident of assault on the deceased on the fateful night. Only a feeble link which is connecting the present applicant with the offence is last seen together on the prior night. This is a statement of one woman residing in the neighbourhood of the deceased. In her statement she had mentioned that on that fateful night the applicant had been to the area where deceased was residing and applicant had called his brother and asked him whether his brother has taken his dinner and after this the applicant had taken his brother and also deceased out probably for some dinner. After this, on the next day morning dead body of the deceased was found. 5. Without there being anything more to corroborate the story of the prosecution as to involvement of the present applicant, this statement, even prima facie will not weigh with this Court to reject the present application for bail. In 2crn2722-10 4 the result, present application is allowed with following order :- :: O R D E R :: [i] Criminal Application No.2722 of 2010 for regular bail is allowed. [ii] The applicant - Shaktiwel Chinnu Devendra, arrested in C.R. No.247 of 2009 registered with Wadaka T.T. police station, shall be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] After availing the bail, as above, the applicant shall attend the concerned police station on every alternate Sunday between 10:00 a.m. to 12:00 noon, till conclusion of the trial. (A.R.JOSHI,J.)