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. 105 OF 2008 CRIMINAL APPLICATION NO. 105 OF 2008 CRIMINAL APPLICATION NO. 105 OF 2008 IN IN IN CRIMINAL APPEAL NO. 70 OF 2008 CRIMINAL APPEAL NO. 70 OF 2008 CRIMINAL APPEAL NO. 70 OF 2008 Kundlik Haibati Gadade ] .. Applicant (Ori.Accused) Versus The State of Maharashtra ] .. Respondent Mr. Sudatta Patil for the applicant. Mrs. A.A. Mane, APP, for the respondent. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 03RD MARCH, 2008 P.C. : 1. Heard learned counsel for the petitioner. 2. The applicant has been convicted under Section 302 of the IPC for committing murder of his wife. However, it is revealed that the dead body was found in the house of one of the witnesses. The said witness has turned hostile. There is a retracted confession on record which, prima facie, at this stage cannot be said to be an evidence of the prosecution. On perusal of the judgment, we do not find any clinching circumstantial evidence as against the petitioner-applicant. : 2 : Therefore, we are inclined to grant bail. 2. The applicant be released on bail of Rs.10,000/- with like surety. The sentence is suspended during the pendency of the Appeal. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]