1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.393 OF 2010 Pandurang Rambhau Doke, Age-31 years, Occu-Agriculturist, R/o.Borgaon Khadak, Tq. and Dist. Jalna APPLICANT VERSUS State of Maharashtra, RESPONDENT Mr.Joydeep Chatterjee, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 29/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on regular bail in connection with CR No. 121/2009, registered in Mantha Police Station, of Dist. Jalna for the alleged offence punishable u/s. 302, 448 r/w. 34 of IPC in which the applicant came to be arrested on 18/10/2009 wherein after completion of investigation, charge sheet was filed on 13/01/2010. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation. It appears that the offence came 2 to be registered on the complaint of one Pushpabai Eknath Palwe about the incident occurred in the early hours of 13/10/2009 i.e. night in between 12/10/2009 and 13/10/2009 around 00.45 hours, when according to the complainant, 2-3 unknown persons entered in the residential premises of Pushpabai and murdered her husband. The applicant came to be arrested in connection with this offence as stated earlier on 18/10/2009. So far as post mortem notes are concerned, it can not be disputed that the death of Eknath Palwe is a homicidal death. The only question require consideration whether there is any linking evidence at this stage to link the applicant with the present accusation. Undisputedly, after the arrest of applicant, he was not produced in the Test Identification Parade and was identified either by the complainant or by any other witness. No incriminating articles were recovered at the instance of present applicant. It appears that only incriminating circumstance against this applicant is his extra judicial confession before one Shankar. But, there is no corroboration of this extra judicial confession at the instance of applicant before the said Shankar, as no knife was recovered at the instance of the applicant. Then so far as the case against present applicant is concerned, it is based on circumstances, without completing the chain. 3. In the premise, considering the period, the applicant has undergone as under trial prisoner, a deserving case for applicant to enlarge him on bail by putting certain conditions, hence following is the order : 3 O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant is prohibited to enter in village Borgaon till the conclusion of sessions trial to be conducted at Sessions Court, Jalna. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.393-10