1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 439 OF 2009 IN CRIMINAL APPEAL NO. 237 OF 2009 Ramparvesh @ Parvesh Motilal Rajbhor .. Applicant Vs State of Maharashtra .. Respondent Mr. S.B. Singh for the applicant Mrs. M.M. Deshmukh, APP for the State CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATE : 26th November, 2009 P.C.: 1. This is an application for release on bail during the pendency of criminal appeal No. 237 of 2009. The applicant came to be convicted and sentenced for life for the offence punishable under Section 302 read with Section 34 of IPC. The absconding accused could not be traced. It is admitted that during the trial of Sessions case No. 658 of 2008, the accused remained in custody. RMA 7appa439-09.sxw 2 2. The prosecution examined in all nine witnesses and the evidence of P.W.3 Dr. Bhalepatil who conducted the postmortem clearly proved the prosecution case that Mehmood alias Mama died an unnatural death on account of head injury. The prosecution relied upon the evidence of P.W.1 – Arjun Dhaku, Civil Contractor, P.W.2 – Ramkishan and P.W.6 – Sugriv in support of its case that the head injury on account of which Mehboon died was caused by the accused and therefore, he is guilty of the offence punishable under Section 302 of IPC. 3. We have gone through the depositions of P.W.1, P.W.2 and P.W.6. None of them are the eye witnesses. Prima facie, the evidence of prosecution is doubtful on the last seen theory as well as on the presumption against the accused based on the depositions of P.W.2. If the prosecution relies upon the depositions of P.W.2, it appears P.W.6 could have been impleaded as a third accused. For supporting the order under Section 302 of IPC, the evidence, prima facie, appears to be doubtful. Hence, the applicant deserves to be released on bail by suspending the order of sentence under Section 389 of Cr.P.C Consequently, this application succeeds and it is RMA 7appa439-09.sxw 3 hereby allowed. 4. It is directed that the applicant be released on bail during the pendency of Criminal Appeal no. 237 of 2009, unless required in some other case on the following conditions : 1. The applicant to furnish P.R. Bond in the sum of Rs. 10,000/- with one solvent surety in the like amount. 2. The applicant shall report to the Nehru Nagar Police Station once in a fortnight on Sunday between 3.00 pm to 6.00 pm and he shall not leave Grater Bombay Corporation limits unless written intimation in advance is given to the concerned police station. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.] RMA 7appa439-09.sxw 4 RMA 7appa439-09.sxw