1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 319 OF 2010 1. Shamrao Mathu Rathod 2. Lahu Shamrao Rathod .. Applicants V/s The State of Maharahtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Hemant Kumar F. Pawar i/b Mr. Ravindra Ade for the applicants. Mr. Y.S. Shinde, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 25TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicants seek bail in connection with C.R. No. 81/2009 registered at Paud Police Station, District Pune for an offence punishable under sections 143, 2 147, 148, 149, 302 and 201 of the I.P.C. 3. Body of one Sheshrao Chavan was found on 28th April 2009. An F.I.R. was registered on 29th April 2009. It was alleged in the F.I.R. that the applicants were indebted to the deceased and therefore they have committed the murder. There is no eye witness. Only a demand for repayment made by the deceased is alleged to be a motive for the murder. 4. Circumstantial evidence available against the applicants is that one mobile phone belonging to the deceased was discovered under section 27 of the Evidence Act at the instance of the applicant no.2. The discovery would not necessarily connect the applicant no. 2 to the crime as the theft of mobile phone could have been committed even before or after the death and in a manner unconnected with the death. 3 3. Taking into consideration the fact that there is no direct evidence and also taking into consideration the fact that the trial is not likely to commence soon, in my view, the applicants can be granted bail. Hence, I pass the following order:- ORDER The applicants be released on bail in connection with C.R. No. 81/2009 registered at Paud Police Station, District Pune on each of them furnishing a personal bond of Rs.20,000/- with two sureties of the like amount, subject to the conditions that the applicants shall report their presence at the concerned police station once a month between 1st and 5th day of the British calendar month and shall not tamper with the prosecution evidence. (D.G. KARNIK, J.)