1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.513 OF 2009 Amol @ Datta Changdeo Shinde .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Ujwal Agandsurve for the applicant. Mr.K.V.Saste A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 15th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.313 of 2007 of Mohol Police Station, District Solapur. Now the case is transferred to State, C.I.D. Pune, for further investigation. The crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC. 3. This is a case of circumstantial evidence. The only circumstances relied upon by the prosecution against the present applicant are last seen together, and recovery of a mobile instrument of the deceased. Mr.Agandsurve, learned counsel for the applicant submitted that insofar as the circumstance last seen together is concerned, the prosecution 2 has relied upon the statement of the co-accused which is legally not admissible in evidence. In respect of the mobile instrument of the deceased, he submitted that it was given to him by the main assailants. It has come on record that narco analysis test was conducted on the applicant and the following are the observations/findings of the Chemical Analyser: “The target probes prepared and presented to Amol Shinde were aimed at checking the presence or absence of Experiential Knowledge releated to a number of hypothetical Scenarios of the case for checking his involvement related to murder of Abhijit Langar. 1. That he went to Narkhed Chowk on the day of murder. 2. That he sat in Abhijit’s vehicle with an unknown person. 3. That they reached to crime scene. 4. That he witnessed Abhijit got murdered. 5. That he tried running from there. 6. That he was caught by attackers and given mobile by them. 7. That he agreed to help in attacking Abhijit. 8. That he attacked Abhijit. 9. That he received mobile and money from attackers. Findings on BEOS: Experimental Knowledge was seen on the following Target Probes on BEOS. Discussion on the Findings: Experiential Knowledge was seen on probes related to Amol Shinde going to collect money which he had given, Abhijit agreeing to 3 take him in his vehicle and him seeing an unknown (who was sitting in the vehicle alongwith him) person going towards the electric tower. Experiential Knowledge was also seen probes related to him being asked about killing Abhijit (by Jevar). It can be clearly seen in this test that there is a lack of Experiential Knowledge on the large number of probes related to his involvement in this murder.” 3. Counsel for the applicant further invited my attention to the order passed by this court (V.M.Kanade, J.) dated 18.2.2009 in criminal application No.505 of 2009. He submitted that apart from merits, the applicant is also entitled for bail on parity. The relevant portion of the order dated 18.2.2009 reads thus: “2. Applicant has been arrested in connection with the offence punishable under section 302 of the Indian Penal Code. Admittedly, there are no eye witnesses to the said incident. The dead body of the complainant was found and on the basis of the statement of one of the accused which was recorded under section 27 of the Evidence Act, the present applicant has been arrested. Charge-sheet has been filed. Apart from the said statement, there is no other material on record to implicate the present applicant. In view of this, the applicant is entitled to be released on bail.” 4. Mr.Saste, learned A.P.P. could not and did not dispute the submissions of Mr.Agandsurve, insofar as Narco analysis test and the submission of parity is concerned. 5. Having considered overall facts and circumstances of the case so also the findings recorded by the Chemical Analyser I 4 am inclined to enlarge the applicant on bail. Hence the following order: Applicant to be enlarged on bail in the sum of Rs.5,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station every Saturday between 6 pm and 7 pm till conclusion of the trial. 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 uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)