:1: 18.appa.1101.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1101 of 2011 IN CRIMINAL APPEAL NO.941 OF 2011 Suresh J. Kokare ..Applicant Vs. The State of Maharashtra ..Respondent Mr. Kuldeep S. Patil,for Applicant. Smt. V. R. Bhosale, APP for Respondent. CORAM :- V. M. KANADE & A. M. THIPSAY, JJ. DATE :- SEPTEMBER 13, 2011. P. C.: Heard learned Counsel for the Applicant and learned APP for the Respondent-State. 2 The Applicant was convicted by the Trial Court for the offence punishable under Section 302 r/w 34 of the Indian Penal Code and sentenced to suffer R. I. for life and to pay fine of Rs.2,500/-, and in default of payment of fine, to undergo simple imprisonment for six months. 3 The learned Counsel for the Applicant submitted that dead body of one Suresh D. Kokre was found at the instance of original Accused No. :2: 18.appa.1101.11 1 and, after almost one month, the Police have shown that there was recovery of a stone from the same place at the instance of the Applicant. 4 It is submitted that, apart from the said recovery of stone, from the same place, there is no other material on record to connect the Applicant with the commission of said offence. 5 We have perused the impugned order. The Trial Court also in its order has observed that there is a recovery of the stone at the instance of the Applicant. In our view, the Applicant has made out a case for grant of bail. Firstly, the recovery was made on 07.05.2009- though the body was recovered one month prior to the date of arrest , at the instance of Accused No.1. 6 The Applicant, therefore, be released on bail in the sum of Rs. 10,000/- with one or two sureties in the like amount. 7 The Applicant shall report to the concerned Police-station once in a month. 8 The application is, accordingly, disposed of. ( A. M. THIPSAY, J ) ( V. M. KANADE, J.)