IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4041 OF 2008 CRI.APPLICATION NO.4041 OF 2008 CRI.APPLICATION NO.4041 OF 2008 Madan Sopan Phalke, .. Applicant Vs The State of Maharashtra, .. Respondent. Mr M.B.Zanwar, for the applicant. Mr J.P.Yagnis, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 15/12/2008 DATE : 15/12/2008 DATE : 15/12/2008 PC: PC: PC: 1. Heard Mr. Zanwar, learned counsel for the applicant and Mr Yagnik, learned APP, for the State. 2. The applicant is seeking bail in C.R.No. 163 of 2008 of Sahakarnagar police station. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 302 read with 34 of IPC. 3. This is a case of circumstantial evidence. The circumstances brought on record by the prosecution are: motive, attachment of Riksha used for committing the offence, recovery of weapon at the instance of the applicant, recovery of the blood stained clothes of the applicant and recovery of the applicant’s mobile from which, there is evidence on record, to show that the applicant made calls to the deceased. Mr.Zanwar, learned counsel for the applicant, submitted that the C.A. report is not on record to connect the weapon and the blood stained clothes with the alleged crime. I have perused the entire evidence on record and, in my opinion, the circumstances, relied upon by the prosecution against the applicant, are sufficient at this stage to connect him with the alleged crime. Merely because the C.A. report is not available on record does not mean that the blood stained clothes and the weapon recovered at the instance of the applicant have no connection with the crime.In my opinion, this is not a fit case to enlarge the applicant on bail. Hence, the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)