1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2189 OF 2010 Maroti Haribhau Aadhe, Age-40 years, Occu-Agriculture, R/o.Hastur Tanda, Tq.Partur, Dist. Jalna APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 5/2010, registered in Ashti Police Station, in which the applicant came to be arrested on 19/02/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that the offence came to be registered on the complaint of one Sarjerao Rathod as the dead body of his mother was found in one adjacent room near their residential premises. At that time, the ornaments on the person of the deceased were found 2 missing. Then the complaint was registered against unknown persons. During the investigation, some ornaments were recovered at the instance of present applicant from the shop of one Goldsmith, but unfortunately those ornaments were not shown to the complainant or other relatives of the deceased. Recovery of one nylon rope is also there at the instance of this applicant, of which reference was found in the spot panchnama. That nylon rope was now in the custody of investigation agency, but was shown as recovery under the memorandum panchnama dated 23/02/2010. The fact is clear that this recovery can not be styled as the recovery at the instance of applicant in view of memorandum statement u/s. 27 of The Indian Evidence Act. 4. Perusal of papers of investigation discloses that case of the prosecution is based on circumstances. The incriminating circumstances which are against the applicant, are not sufficient at least at this stage, even though the investigation is over to link the applicant with this crime, hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2189-10