(1) CRI.APP. 3665.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3665 OF 2010 Shravan S/o Dhondiba Tathe, Age : 29 years, Occu.: Labour, R/o : Devalgaon (Gath), Tq. Selu, District Parbhani (Now in Jail) .. Applicant VERSUS The State of Maharashtra Through Police Station, Selu, Tq. Selu, Dist. Parbhani (Copy to be served on Public Prosecutor, Hon'ble High Court of Bombay, Bench at Aurangabad) .. Respondent ... Mr. M.P. Kale, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 28TH SEPTEMBER, 2010 ORAL ORDER:- 1. The Application is for bail under section 439 of the Code of Criminal Procedure. 2. The applicant is arrested in connection with crime no. 124 of 2010 registered at Sailu Police Station for offence punishable under section 302 r/w. 34 of the Indian Penal Code. (2) CRI.APP. 3665.2010 3. Heard learned Advocate for the applicant and learned APP. 4. Upon perusal of the FIR and the investigation papers, it prima facie appears that on 14.7.2010 deceased Keshav had borrowed Rs.5,500/- from Babasaheb Kasbe. According to the informant, the deceased was reached upto Gavan interjection in the relevant morning. His dead body was found on the next date at about 8.00 am. in Gayatrinagar locality of Sailu. So far as the applicant is concerned, there appears solitary statement of one Sarjerao Khandagale who had seen the present applicant and deceased Keshav at Pathri S.T. bus stand in that morning. It appears that the applicant was not found near the place of Gayatrinagar locality of Sailu in company of the deceased. So, even if the statement of Sarjerao Khandagale is considered, there is no prima facie link established to connect the applicant with death of deceased Keshav. 5. The applicant prima facie does not appear to be involved in any offence punishable with death or (3) CRI.APP. 3665.2010 imprisonment of life. Hence, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety to the satisfaction of the Court of Sessions and on condition that he will attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. in order to face the interrogation and will not contact any of the prosecution witness. He shall attend the concerned Police Station on four consecutive Sundays henceforth or till filing of the chargesheet/final report, whichever is earlier. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp