1 BA-1629-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1629 OF 2011 Rajebhau Bhanudas Lad ... Applicant vs. The State of Maharashtra .. Respondent Mr. Amol Deshpande,Advocate, for the applicant. Mr.Y.M.Nakhawa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 24th November, 2011. P.C. 1. The applicant seeks to be released on bail in Sessions case No.548 of 2011 pending before the Sessions Court, Pune, arising out of crime No.175 of 2011 registered at Bhosari Police Station under Section 302 of IPC. 2. Prosecution case, in brief, is that the deceased Bandu had committed rape on the wife of the accused/applicant and therefore the accused had decided to kill him. As per the report lodged by Bibhishan Lad, brother of the deceased, on 12.5.2011 during the previous night at 9.30 p.m. Bandu after taking his meal had left the house saying that he would be coming back within a short time. However, he did not come back. Next morning at about 6 a.m, his dead body was found in 2 BA-1629-11.sxw an open space near the chawl where they used to reside. He was immediately taken to hospital by police where he was declared dead. Post-mortem report shows that he had died of Asphyxia due to strangulation. Therefore, it appears that he was murdered. 3. Prosecution relies on two circumstances against the applicant. First that the accused had told his wife that he would kill deceased Bandu and secondly the scarf used for commission of offence was discovered on the basis of information given by the accused. The learned Counsel for the applicant contends that the alleged communication by the accused to his wife cannot be proved in view of the provisions of Sec. 122 of the Evidence Act. No. C.A. report or DNA report is produced along with the charge sheet to show that scarf allegedly seized by the police on the basis of information given by the accused was used for strangulation of the deceased. There is no other material in the case. 4. In view of the above, the accused be released on his executing P.R. of Rs.25,000/- with one or two sureties to make up the amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)