1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2569 OF 2009 Kundlik Sambhaji Bhandwalkar .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Rahul Kadam i/b A.G.Waghole for the applicant. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 6TH JULY, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.244 of 2008 of Talegaon Dadhade police station, District Pune. The crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 302, 201 r/w 34 of IPC. 3. This is a case of circumstantial evidence. The circumstances against the applicant, according to the prosecution, are motive, recovery of blood stained shirt of the deceased at the instance of the applicant, and last seen together. I perused the statements of the witnesses. There was strong motive to eliminate the deceased at the instance of his wife, 2 who is also accused in the present case. The recovery of blood stained shirt of the deceased also connects the applicant with the alleged offence. I also perused the statement of son of the deceased, who had seen the present applicant and the co-accused last in the company of the deceased. These circumstances, in my opinion, prima facie show complicity of the applicant and hence I am not inclined to enlarge him on bail. 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 uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)