1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5439 OF 2009 Salim Abdul Hamid Shaikh ...Applicant vs. The State of Maharashtra ...Respondent Mr.Kuldeep S. Patil for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 15, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Section 302 read with 34 of the IPC which is registered vide C.R.No.I-74/2009 with Vasai Police Station. 3 There are no eye witnesses to the said incident. It is alleged that the applicant had 2 previous enmity with the deceased. A dead body of the deceased was found on the road. The material on record against the present applicant is a recovery of blood-stained stick and blood-stained clothes. This being the only material on record against the present applicant and since the C.A. Report has not been received by the prosecution, it cannot be said that the blood which was found on the stick which is recovered from the applicant belongs to the deceased. This being the position, the applicant deserves to be released on bail. 4 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall not enter Vasai city during the pendency of the trial. He shall give his new address to the Superintendent of Jail before his release and shall report to the nearest police station from his new residence. 5 Application is disposed of. (V.M. KANADE, J.)