1appln-3724-09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3724/2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr A.R.Pitale, for the Applicant. Mrs A.S.Pai, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 18TH JUNE, 2010. P.C.:- 1. Heard rival submissions at length on this application for regular bail preferred by the applicant to be released on bail in the matter of the offences punishable under Section 302 read with section 34 of I.P.C. 2. Admittedly, there is no direct evidence against the applicant as to commission of offence. However, there is circumstantial evidence by way of witnesses noticing the present applicant along with co-accused moving away from the spot after the incident and during which he was apprehended and his blood stained clothes were seized. Also, according to the police, one blood stained knife and the currency notes, totally for Rs.400/- were found on the person of the applicant-accused and these articles were also having blood stains. Today, C.A.,report is produced before this Court showing that blood found on the clothes 2appln-3724-09 of the applicant is of “B” group and the blood found on the knife is also of “B” group. Whereas the blood group of the present applicant-accused is “O” and the blood group of the deceased is “B”. Prima facie this is sufficient material to implicate the accused with the offence. 3. It is submitted on behalf of the State that charge sheet has already been filed and even the charge is framed and matter is posted in the month of July,2010 for trial. Under these circumstances, there is nothing to entertain the present application for bail so as to enlarge the applicant on bail during the pendency of the trial. Hence, the following order: (a) Criminal Application No.3724/2009 stands rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)