1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 4160 of 2009 Santosh G. Mane ... Applicant versus The State of Maharashtra ... Respondent ... Mr.A.P. Mundargi, Sr.Advocate i/b Avinash Kamdhekar for applicant Mr.M.H.Mhatre APP for the State. Mr.Nitesh Bhutekar for original complainant CORAM : D.G. KARNIK, J. DATED : 11th January 2010 P.C. 1. The applicant who has been arrested in connection crime no.381 of 2008 registered at Dehuroad police station for offences punishable u/s.34 and 120B of the IPC seeks bail by this application. 2. The prosecution case in short is that Vaibhav was assaulted by deadly weapons on 6th October 2009 by unknown persons and he succumbed to the injuries on 6h December 2008. An FIR was lodged by the father of Vaibhav on 8th December 2008 in which applicant was not named. The father of the applicant stated that he was suspicious of involvement of Suresh Rangnath Mhetre and his nephew. No other persons were named. 2 3. It is the case of the prosecution that Mhetre had engaged one Sunil Anand Pisal for eliminating Vaibhav. It is also the prosecution case that several telephone calls were exchanged between Sunil Aand Pisal and the present applicant between 15th November 2008 to 14th December 2008. There was also exchange of telephone calls between the present applicant and . Mhetre. On the basis of this, applicant has been arrested and charged. There is no other evidence of involvement of the applicant to the crime as also the contents of the conversations between the applicant and Mr.Pisal or Mr. Mhetre. Nobody has even alleged that the conversation was in connection with the present crime. Merely on the basis of a suspicion that conversation had taken place on telephone between the two accused and the applicant, he has been arrested. In the absence of any other circumstantial evidence connecting the applicant to the crime, I am inclined to grant him bail. 4. The applicant be released on bail on executing P.R. Bond of Rs. 25,000/- with two sureties in the lime amount subject to the condition that the applicant shall not tamper with the prosecution evidence and shall not contact Mr.Sunil Pisal and Sidhram Mhetre till the conclusion of the trial. (D.G. KARNIK,J.)