1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4131 OF 2009 Suresh Zima Kokare ....Applicant Vs. The State of Maharashtra ....Respondent ----- Mr.Nitin Sejpal/ Miss Pooja Bhojne for Applicant Mrs. S.D. Shinde  APP for State. ------ CORAM: V.M. KANADE J. DATED: 3RD DECEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with an offence registered vide C.R. No. I-49 of 2009 with Roha Police Station, punishable under sections 302, 201 r/w. 34 of the Indian Penal Code. 3. It is alleged that the dead body of Suresh Dhondiba Kokare was found and the present Applicant along with the other co-accused were arrested on suspicion. There are no eye witnesses to the said incident. The only material on record against the 1 present Applicant is that there was recovery of the stone at the instance of the present Applicant. It is the case of the prosecution that there was a blood stain on the said stone and the said blood was shriven blood and further that the cause of death of the deceased was fracture of skull. 4. In my view, the material which was shown on record is not sufficient. The police have not produced the C.A. report to indicate that the blood which was found on the stone, was a blood of the deceased. There is no other material on record. Hence, the Applicant deserves to be released on bail. 5. The Applicant shall be released on bail in C.R. No. I-49 of 2009 registered with Roha Police Station in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 6. Application is disposed of. (V.M. KANADE J.)