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 CRIMINAL APPLICATION NO. 708 OF 2009 CRIMINAL APPLICATION NO. 708 OF 2009 CRIMINAL APPLICATION NO. 708 OF 2009 Shri Rajesh A. Patil ...Applicant vs. The State of Maharashtra ...Respondent Mr.I.S. Thakur and Ms.Shraddha Y. Mohite for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 16, 2009 DATED : FEBRUARY 16, 2009 DATED : FEBRUARY 16, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for bail. The applicant was arrested in connection with an offence punishable under Sections 307, 141, 143, 147, 149 of the IPC vide C.R.No.I-44/2008 registered at Bhayandar Police Station. The applicant was arrested on 14th January, 2009. 2. Prosecution case is that the villagers had caught hold of a person and believed that he was a thief and all of them assaulted him as a result of which he died. A complaint as filed on 23rd March, 2008. The remand application, however, filed on 15th January, 2009 in which the name of the applicant was mentioned for the first time. Taking into consideration the peculiar - 2 - facts and circumstances of the case, the applicant deserves to be released on bail since there are no eye witnesses. Statements of the police officers were taken sometime in April 2008, however, no steps were taken by the police. No explanation has been given by the police officers why their statement was not recorded on the same date when the incident had taken place and belatedly, their statement was recorded in April almost after a lapse of one month though there were no eye witnesses to the said incident. The application for bail, therefore, is granted. 3. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount for the aforesaid offence. The applicant shall report to the concerned police station as and when called. 4. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)