1 1 1 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 CRIMINAL APPLICATION NO.1610 OF 2009 Dilip @ Munna Shivaji Gulwe .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi, Senior Counsel i/b Shounak Mehata for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 27TH APRIL, 2009. DATED : 27TH APRIL, 2009. DATED : 27TH APRIL, 2009. P.C.: . Heard learned senior counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.637 of 2008 of Yerwada police station. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 363, 302, 201 r/w 34 of IPC. 3. The alleged incident occurred at 2 am on 21.11.2008. According to the complainant, who is mother of the deceased - Raviraj, at 2 am on 2 2 2 21.11.2008 the accused - Dinesh and Arun went to their house and took the deceased away forcibly. Thereafter the deceased did not return and hence a missing complaint was filed on 27.11.2008. A dead body of Raviraj was found in the river near Wakad on 2.12.2008. Thus, it is clear that this is a case of circumstantial evidence. Insofar as the applicant is concerned, there is a recovery of wire, allegedly used for committing the offence, and his Esteem car. There is no evidence in the nature of last seen together, insofar as the present applicant is concerned nor there is any motive for the applicant to commit the offence of murder. There are three witnesses, namely, Kondiba Shinde, Awdhesh Paswan and Patel, working at the Petrol Pump, who had seen the accused persons with the deceased in the car. They have neither named the applicant nor have they given his description in their statements. Moreover, the prosecution has failed to conduct a test identification parade. Thus, except the statements of co-accused, which are not admissible in the evidence, and the fact that the car which was allegedly used belongs to the applicant and the wire from the car was recovered at his instance, there is no other material on record against the present applicant. Learned A.P.P. also could not point out any other material against the applicant 3 3 3 to connect him with the alleged offence. In the circumstances I am inclined to enlarge the applicant on bail. Hence the following order: . The applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount subject to the condition that the applicant shall report to the concerned police station on 1st Saturday of every month between 9 am and 10 am till conclusion of the trial. The application is disposed of. . 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 uninfluenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)