[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION APPLICATION NO.273 OF 2008 IN APPEAL NO. 977 OF 2005 Babasaheb Daji Savade ..Applicant (Ori.Accused) Vs. The State of Maharashtra ..Respondent .... Mr.Shekhar Ingawale i/b Sudatta J.Patil Advocate for the Applicant Ms. S.D.Shinde APP for the Respondent-State .... CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE DATE DATE : APRIL 15, 2008 : APRIL 15, 2008 : APRIL 15, 2008 P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The Applicant has been convicted under Section 302 of IPC. The Applicant is seeking bail. The learned Judge has held that there is no eye witness to the incident. The conviction is founded on the evidence in respect of last seen and the circumstance of discovery of stone from the public place at the instance of the Applicant. No doubt when the Applicant came to be arrested and his clothes came to be seized, some blood stains were found on the clothes. However, it is seen that the Applicant was arrested more than 3 days after the [-2-] incident. In such case, we find merit in the submission that the Applicant would not be moving around with blood stained clothes for three days. The evidence of P.W.3 Balasaheb Hande shows that the Applicant had taken tea in his house in the said period. If there were blood stains on the clothes of the accused, P.W.3 Balasaheb Hande would have noticed the same. Panch witness relating to seizure of blood stained clothes which were on the person of the accused, had acted as a panch in at least two more cases. Hence, prima facie, we agree with the contentions of the learned Advocate for the Applicant that the seizure of blood stained clothes is a circumstance which has been foisted on the Applicant-accused. Looking to the above facts, we are inclined to grant bail to the Applicant. 3. Applicant-Babasaheb Daji Savade to be released on bail in the sum of Rs.10,000/- (Rs. ten thousand only) with one surety in the like amount. The Applicant to report to Jat Police Station on the first Monday of every month till the disposal of the Appeal. 4. Application is disposed of. [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.]