1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.426 OF 2009 IN CRIMINAL APPEAL NO.362 OF 2009 Akaram Vithoba Pukale & Others .. Applicants V/s The State of Maharashtra .. Respondent Mr.Sandesh D.Patil i/by Mr.Prashant Jadhav for the Applicants. Ms.P.H.Kantharia, APP for the State. CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 1ST JULY, 2009. P.C.: 1. The applicants who are original Accused Nos.1, 4. 6 & 7 were tried alongwith five others in Sessions Case No.154 of 2006 in the Sessions Court, Sangli for the offence punishable u/s.143, 147, 148, 149, 302 and 120B of the IPC. 2. The complaint came to be filed by Shamrao (PW 4) alleging that his daughter Kalpana told him that the deceased Dnyanoba was beaten by four persons at village Kharsundi. On the basis of this FIR investigation was started and accused came to be arrested on 4.1.2006. 3. It is pertinent to note that the statements of two star witnesses of the prosecution who are eye witnesses came to be recorded on 7.1.2006 i.e.seven 2 days after the date of incident and three days after the arrest of the accused. Prima-facie, there is no acceptable explanation for this delay. These two witnesses i.e. PW 11 and PW 12 were very much available. It is not understood as to why they did not rush to the police to record the FIR and why their statements were not recorded immediately after the incident. The conduct of these two eye witnesses is unnatural because instead of going to the police they went in search of other villagers. We are therefore unable to rely on the evidence of these witnesses to hold, prima-facie, that the applicants are involved in the murder of Dnyanoba. It is also pertinent to note that the identification parade was held on 27.1.2006 though the accused were arrested on 4.1.2006. This atrocious delay makes a dent in the prosecution case. 4. In the circumstances, we are of the opinion that this is a fit case where applicants should be released on bail, particularly when, during the trial the applicants were on bail. Hence the following order:- Applicants viz.(1) Akaram Vithoba Pukale (2) Dhanaji Dada Bergal (3) Sadashiv Akaram Pukale (4) Shamrao Akaram Pukale, are ordered to be released on bail in the sum of Rs. 25,000/- each with one or two sureties to make up the amount. While on bail, the applicants shall attend the nearest police station once in two months. 5. Application stands disposed of. ( SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)