AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.814 OF 2009 IN CRIMINAL APPEAL NO.845 OF 2009 Santosh Maruti Gaikwad. ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Ganesh Karmarkar for the applicant. Ms. P.H. Kantharia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 20TH APRIL, 2010. P.C.:- 1. The applicant was tried for offence punishable under Section 302 of the Indian Penal Code by learned Additional Sessions Judge, Malshiras in Sessions Case No.4 of 2008 and was convicted for life imprisonment. The appeal filed by the applicant is admitted by this court. This is his application for bail. AJN 2 2. We have heard counsel for the applicant in support of the bail application. We have also heard learned A.P.P. appearing for the State. 3. Counsel for the applicant submitted that the prosecution story rests on the evidence of one eye- witness, who has turned hostile. Counsel submitted that inasmuch as the eye-witness has not supported the prosecution, this is a case of no evidence and the applicant should be released on bail. Counsel submitted that the case of the prosecution is that the injuries were caused by the applicant with Electric Soldering Machine. He submitted that the applicant is not an electrician and, therefore, he could not have used the said machine. The prosecution story is inherently improbable. Counsel submitted that so far as the blood stained clothes of the applicant are concerned, the applicant has given an acceptable explanation. Counsel submitted that when the applicant found that the deceased who is his aunt had AJN 3 fallen down, he was disturbed. He became emotional and fell on her and that is how, the blood stains are found on his clothes. Counsel also submitted that the prosecution has also not established motive. 4. It is not possible for us to release the applicant on bail. It is true that the eye-witness has turned hostile. But, there are sufficient circumstances on record which, prima facie, indicate the complicity of the applicant. The fact that the blood group of the blood found on the clothes of the applicant matches with the blood group found on the clothes of the deceased, prima facie indicates his involvement in the offence of murder. It is not possible to accept the story that because he was emotionally disturbed he fell on the deceased and, therefore, his clothes got stained. It may be true that the applicant is not an electrician but, that will not prevent him from using the Electric Soldering Machine. Doctor's evidence indicates that there were 18 injuries on the body of the deceased. When the Electric Soldering Machine was AJN 4 shown to the doctor, the doctor has stated that the injuries could be caused by the said machine. Besides, the said machine was discovered at the instance of the applicant. When there are telltale circumstances on record, the fact that motive is not proved has no adverse impact on the prosecution story. No case for bail is made out. Criminal application is rejected. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]