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.4072 OF 2008 CRI.APPLICATION NO.4072 OF 2008 CRI.APPLICATION NO.4072 OF 2008 1. Ashok Namdeo Bhosale, 2. Dattatraya Namdev Bhosale, 3. Somnath Narayan Khadake, .. Applicants. Vs The State of Maharashtra, .. Respondent Mr Jaydeep D.Mane, for the applicants. Mrs P.P.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 04/12/2008 DATE : 04/12/2008 DATE : 04/12/2008 PC: PC: PC: 1. Heard Mr.Mane, learned counsel for the applicant and Ms.Shinde, learned APP, for the State. 2. The applicants are seeking bail in C.R.No.91 of 2008 of Tembhurni police station, Dist-Solapur. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302, 201 read with 34 of IPC. 3. It is the prosecution case that on 18.1.2008 the deceased Nanda was killed by the applicants and her dead body was burnt. This incident, according to the prosecution, was witnessed by the mother and the wife of the complainant, namely, Manda and Suman. They did not disclose this incident to anyone till their statements were recorded on 15.5.2008. The complainant is not an eye-witness and whatever has been stated by him in the FIR is hearsay. There is no medical evidence available on record in support of the prosecution. The two eye-witnesses, namely Manda and Suman have filed affidavits, which are part of the record, stating that no such incident occurred as stated in their statements recorded by the police. Having considered overall facts and circumstances of the case, I am inclined to enlarge the applicants on bail. Hence, the following order. . The applicants to be released on bail in the sum of Rs.25,000/- each with one or two sureties in the like amount, subject to condition that they shall report to the concerned police station on every alternate Saturday between 7 and 8 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 without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)