jpc ba584-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 584 OF 2011 Ram Jiyawan @ Raju Hariram Verma ... Applicant Versus The State of Maharashtra ... Respondent Mr. Amin Solker for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 20th July, 2011. P.C. : 1. Heard Mr. Solkar, the learned advocate for the applicant and Mr Saste, the learned APP for the State. 2. The applicant and other accused-one Shyam Varma- are alleged to have committed murder of one Shaharukh alias Chandrapal Prajapati. The applicant is in custody since 17/5/2010. 3. Mr. Solkar submits that there is no satisfactory material against the applicant to jutify his further detention in custody. 4. Admittedly, the case against the applicant- and even the other accused- is based only on circumstantial evidence. It appears that the applicant, co-accused and the deceased were together immediately before the death of the deceased. It also appears that the applicant made a statement before some witnesses that he had 'finished' someone. It also appears that the money purse of the deceased was recovered on 19/5/2010 pursuant to the disclosure statement made by the applicant. jpc ba584-11.sxw 2 5. Mr. Solkar submits that the extra judicial confession does not refer to the deceased. He also submitted that the recovery of the money purse, with cash contained therein intact, was not free from doubt. He also submits that the circumstance of 'last seen together' was not very relevant, in as much as, the deceased, the applicant and the co- accused were residing at that place itself. 6. It does not appear that after the alleged incident, the applicant had absconded. 7. Considering all the relevant aspects of the matter and keeping in mind the period already undergone by the applicant in custody as an under trial prisoner, as also the fact that the trial has not yet commenced, I am inclined to release the applicant on bail. 8. The application is allowed. 9. The applicant is ordered to be released on bail in the sum of Rs. 50,000/- (Rupees fifty thousand) with one surety in like amount, or two sureties in the sum of Rs.25,000/- each, on the condition that the applicant shall report to the Khadak Police Station, Pune, every day between 6 p.m. to 7 p.m. till the disposal of the case against him. 10. The trial Court is directed to expedite the trial and endeavour to complete it within a period of nine months from today. (A.M. THIPSAY, J.)