:1: appa.1315.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1315 OF 2011 IN CRIMINAL APPEAL NO.599 OF 2010 Narayan M. Pawar ..Applicant Vs. The State of Maharashtra ..Respondent Mr. M. S. Mohite,for Applicant. Mrs. R. M. Gadhavi, APP for State. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- OCTOBER 20, 2011. P. C.: Heard the learned Counsel appearing on behalf of the applicant and the learned APP for State. The applicant has been convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer R.I for life. 2 The prosecution case is that the dead body of the deceased was found in house and it was in a highly decomposed state. Even when the Postmortem was conducted, the Doctor was unable to give the cause of death. It is submitted that there is no material on record to connect the applicant with the commission of the said offence. 3 We have perused the impugned judgment and order of the Trial Court and also the statement of the witnesses. The prosecution has only :2: appa.1315.11 relied on recovery of the mobile phone from the applicant which was allegedly belonging to the deceased and also on the fact that the applicant and deceased had altercation few days before the incident. Since, this is only the material on record, in our view, the applicant deserves to be released on bail. 4 The Applicant is directed to be released on bail on execution of P. R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount. 5 The Applicant shall report to the concerned Police-station once in a month. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)