1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4529 OF 2008 Vijay Genbhau Valse ..... Petitioner. V/s The State of Maharashtra ...... Respondent. Mr. Milind Deshmukh for the petitioner. Mr. Rajesh More, APP for the State. CORAM : V.M. KANADE, J. DATE : 24 th February, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under section 302 of the Indian Penal Code which is registered at Shirur Police Station vide C.R. No.182 of 2008. There are no eye witnesses to the said incident. The only material which is on record against the present applicant is that there was recovery of weapon at his instance. C.A report has not been received by the Investigating Officer. That being the position, in my view, continued detention of the applicant in jail cannot be permitted since the material on record is not sufficient, prima facie, to convict the accused for the offence punishable under section 302 of the Indian Penal Code. 2 3 Under these circumstances, applicant be released on bail in C.R. No.182 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station, once in a month. 4 Application is disposed of. (V.M. KANADE, J.)