1 APPA.1204-2011 Acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1204 OF 2011 IN CRIMINAL APPEAL NO.1127 OF 2011 Riyaj@ Iraj Ibrahim Sanadi ...Applicant. Vs. The State of Maharashtra. ...Respondent. ---- Mr. K.S. Patil, for the Applicant. Mr. P.S. Hingorani, A.P.P. for the State. ---- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE : DECEMBER 01, 2011. P.C.:- 1. Heard learned counsel for the Applicant. Mr. Hingorani, learned A.P.P. appears for the State. 2 The applicant is convicted for the offence punishable under Section 302 read with Section 201 of the Indian Penal Code, and sentenced to suffer R.I. for life and five years respectively. 2 APPA.1204-2011 3. The prosecution case is based on the circumstantial evidence. It is submitted that the two panch witnesses saw the articles such as Mobile phone and other articles and so far as the seizure of the said articles at the instance of the accused is concerned, both panch witnesses have turned hostile. Another panch witness has stated that he had signed the panchnama which was prepared in the Police Station. It is submitted that according to the applicant the driver was kidnapped by some other people and he had immediately informed the owner of the Truck. 4. In our view, prima facie, there is no sufficient material against the applicant since some of the panch witnesses have turned hostile. Therefore, there is no direct material on record to connect the applicant for the offence. The applicant may succeed at the final hearing of the appeal. Further, the appeal is not likely to be heard early in near future. 5. Taking into consideration the facts and circumstances of the case, in our view, the applicant deserves to be released on bail. Hence, the following order: (i) The applicant be released on bail on executon of P.R. Bond 3 APPA.1204-2011 in the sum of Rs.10,000/- with one or two sureties in the like amount. (ii) The applicant shall report to the concerned Police Station once in a month. 6. Criminal Application stands disposed of accordingly. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.)