IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3368 OF 2008 CRI.APPLICATION NO.3368 OF 2008 CRI.APPLICATION NO.3368 OF 2008 Mohd.Rizwan Rafakat Hussain, .. Applicant Vs The State of Mahaashtra, .. Respondent. Mr R.P.Singh, for the applicant. Mr Y.S.Shinde, APP for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 16/10/2008 DATE : 16/10/2008 DATE : 16/10/2008 PC: PC: PC: 1. Heard Mr.Singh, learned counsel for the applicant and Mr.Shinde, learned APP, for the State. 2. The applicant is seeking bail in C.R.No. 14 of 2006 of Manpada Police Station, Dombivali. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302, 201 read with 34 of IPC. Counsel for the applicant, at the outset, submitted that there is absolutely no material against the applicant and he has been implicated in the present case only on the basis of the statement of the co-accused. Even there is no circumstantial evidence against the applicant, such as, last seen together,motive, recovery of any weapon, attachment of clothes etc. The submissions of the learned counsel for the applicant have not been controverted by the learned APP. In the circumstances, I am inclined to enlarge the applicant on bail. Hence, the following order. 3. The applicant to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount. The applicant shall report to Manpada police station, Dombivali every alternate Saturday between 10 am and 11 am till conclusion of the trial. 4. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)