IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3018 OF 2009 Santosh @ Ratalya Nagnath Waghmare ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.Mahendra Kawchale, Adv. for the applicant. Mr.J.P. Yagnik, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 26th August, 2009. PC: Heard learned counsel for the applicant and learned APP for the State. The applicant has been arrested in connection with offence punishable under sections 397 and 302 read with section 34 of IPC registered vide CR No. 26/08 at Warje Malwadi police station. Learned counsel for the applicant has placed on record copy of order passed by learned Single Judge of this Court dated 3.4.09 in Criminal Application No.1131/09. According to the applicant co-accused Rajjak Ramjan Shaikh who was identified by the injured person in the police station and from whom knife was recovered has been released on bail by this Court. The offence was committed on 15.2.08 whereas the present applicant came to be arrested on 24.2.08. On 24.8.08 an identity card and bus pass are stated to have been recovered from the present applicant. According to the learned counsel for the applicant it is highly improbable that an accused would carry incriminating documents in his pocket for a period of 10 days after commission of crime. Two persons were attacked on 15.2.08. One of them succumbed to injuries whereas the other person who happens to be a girl and neice of the deceased is stated to be not traceable and hence no identification parade is conducted. The present applicant has not been even 1 identified. Barring recovery of identity card and a bus pass there is no other circumstance to connect the present applicant with the crime. In that view of the matter and in the light of order dated 3.4.09 passed in Criminal Application No.1131/09 I am inclined to allow the present application. The applicant-Santosh @ Ratalya Nagnath Waghmare be released on bail on executing personal bond in the sum of Rs.5,000/- with one or two sureties in the like amount. The applicant shall attend Warje Malwadi police station twice a month on every alternate Saturday between 4.00 to 6.00 p.m. till conclusion of the trial. Application stands disposed of. 26.8.2009. 2