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.3695 OF 2008 Ashok Harilal Kanojiya .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Gajanan Savagare for the applicant. Ms.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. 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.I-118 of 2008 of Manikpur police station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 302 of IPC. The case of the prosecution is based on circumstantial evidence. The circumstances relied upon by the prosecution are last seen together, motive, recovery of weapon and extra judicial confession made by the accused to Manish Kumar Yadav, immediately after the occurrence, stating that he killed the deceased last night i.e. 30.3.2008. I have perused the statements of Manish Kumar Yadav and 2 2 2 Pappu Shivkumar Kanojiya. Shivkumar Kanojiya had seen the deceased last in the company of the accused. There is a recovery of the weapon at the instance of the applicant. The medical certificate also supports the prosecution case. Moreover, it appears that there was some money transaction between the applicant and the deceased, over which there used to be quarrels between them. Having considered the circumstances relied upon by the prosecution to connect the applicant with the alleged offence, in my opinion, this is not a fit case to enlarge the applicant 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 without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)