:1: 9.appa.877.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.877 OF 2011 IN CRIMINAL APPEAL NO. 655 OF 2011 Vijay Kumar Munilal Rajbhar ..Applicant Vs. The State of Maharashtra ..Respondent Mr. Nitin Sejpal and Pooja Bhojne,for Applicant. Dr. F. R. Shaikh, APP for State. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- SEPTEMBER 13, 2011. P. C.: Heard learned Counsel for the Applicant and learned APP for State. 2 The Applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer R. I. for life and to pay fine of Rs. 1,000/-, & in default to suffer R.I. for one month. 3 The prosecution case is that the wife of Applicant- Fulmati was murdered by the Applicant, by setting her on fire. The prosecution case is that on 03.09.2009, PW-3 saw the accused at about 4.00 p.m outside the room, and thereafter, his wife was found dead in a burnt condition, in the evening at about 7.30 p.m. Apart from the statement of PW-3, :2: 9.appa.877.11 there is no other material on record, which indicates the presence of accused in the said room. The Trial Court has relied on the statement of PW-3 and has convicted the Applicant for the offence punishable under Section 302 of the Indian Penal Code. The learned Counsel for the Applicant submitted that the Trial Court has not taken into consideration the fact that the said witness PW-3 in his cross-examination, has admitted that when his statement was recorded by the Police, he did not mention that he had seen Accused No.1- i.e. the Applicant herein, at 4.00 p.m in front of his room. It is submitted that there is no material on record, except the said testimony of PW-3 . 4 We have gone through the statement of the witnesses. In our view, there is practically no evidence on record to connect the Applicant to the commission of said offence. In these circumstances, therefore, in our view, the Applicant deserves to be released on bail. i. The Applicant is directed to be released on bail 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. 5 The application is accordingly disposed of. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)