1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 755 OF 2010 Santosh Hanumantrao Dhande ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri S.S.Thombare, advocate for the applicant Shri D.V.Tele, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 24th March, 2010 PER COURT : 1 Heard Shri S.S.Thombare, learned counsel for the applicant and Shri D.V.Tele, learned A.P.P. for the respondent. 2 This is an application preferred by the applicant seeking bail in connection with Crime No. 93 of 2009, registered at Shirur (Kasar) police station, District Beed, for the offences punishable under Sections 302 and 201 of the Indian Penal Code, since the applicant has been arrested thereunder on 23.10.2009 2 and the applicant is under judicial custody presently. 3 It appears that the complaint has been registered on the report lodged by the P.S.I. Subhash Kanolge on 23.10.2009 and there before an A.D. was registered on 18.10.2009. It is alleged that on 18.10.2009 at 6.00 p.m., Hanumant Vishwanath Dhande consumed liquor and he was assaulting axe on his own person only in the drunken condition and also was banging his head on the floor. It is also alleged that since the said deceased used to consume liquor consistently and used to harass family members, the applicant herein at about 6.00 p.m. on 18.10.2009 strangulated neck of victim and assaulted him by axe in front of his house and thereby murdered him and tried to destroy the blood stained clothes to screen himself from the legal punishment. 4 The statement of father of victim namely Vishwanath Yadavrao Dhande reflects that on 18.10.2009 the victim had consumed liquor excessively and he inflicted blows of axe on his own person and banged his head on the stone, since he was indebted and ultimately succumbed to the injuries. However, the postmortem notes disclose the cause of death as, "death due to asphyxia due to strangulation # compound # mandible C (II) Patella", and in all eight external wounds were noticed on the 3 dead body of the victim as described in column no.17 of the postmortem notes. 5 On perusal of the investigation papers and after considering the rival submissions advanced by the learned counsel for the parties, it is apparent that the case of the prosecution is rested upon the circumstantial evidence, since there is no eye witness considering the cause of death as reflected from the postmortem notes. Moreover, the statement of the father of the victim namely Vishwanath Dhande is otherwise, Besides that, the applicant is in custody since more than five months and investigation has been completed and charge sheet has been filed, and therefore, there is no propriety in keeping the applicant in custody further more, and the applicant is entitled to be released on bail, but on the stringent conditions. 6 In the result, present application is allowed and it is directed that the applicant be released on bail on furnishing surety of Rs.15,000/- and on executing P.R. bond in the like amount, as under. (i) The applicant shall not enter into the vicinity of village Limba-Khamba, Taluka Shirur (Kasar), District Beed, till the disposal of the trial. 4 (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses, directly or indirectly. 7 The observations in this order are prima facie and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 8 Criminal Application No. 755 of 2010 is disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap755.10