{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1630 OF 2010 Dinkar s/o Nathu Pawar Age-55 years, Occ-Agri R/o Nepti, Tq-Nagar Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhav, Advocate for the applicant Mrs. V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 10th June 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.160/2009 registered with Nagar Taluka police station for an offence punishable u/s 302, 201 r/w 34 of the Indian Penal Code. It is informed that the applicant is arrested on 28th October 2009 and after completion of investigation charge sheet has been filed before the JMFC on 22nd January 2010 and on the same day, after passing the committal order, the case is committed to the court of Sessions and is {2} numbered as Sessions Case No.28/2010. 2. Heard learned counsel for the applicant followed by learned APP. Also perused the papers of investigation. 3. It appears that in the vicinity of village Kedgaon one unidentified body was found on 30th September 2009 and on the basis of the same AD No.79/2009 came to be registered. The Post Mortem was conducted on the said dead body on 30th September 2009 itself. It further appears that thereafter CR No.160/2009 came to be registered by the police and during inquiry, on suspicion, one Sudam Gavhane was arrested. On the statement of said Sudam Gavhane, present applicant came to be arrested and one wooden log, alleged weapon of assault on the deceased, was recovered on 30th October 2009. The said wooden log is recovered from the bank of the river from where the dead body was recovered. 4. Evidence, from the papers of investigation, against the applicant is, his arrest is based on the statement of Sudam Gavhane, co-accused, which is reflected from the disclosure statement recorded by the police. Apart from the recovery of the wooden log, the case of the prosecution rests on circumstantial evidence and it is not a case of direct evidence. The present offence is registered against total four persons including the present applicant, however the remaining accused are already released on {3} bail and the present applicant is only behind the bars. Undisputely, the investigation is over and the charge sheet has been filed and even the case is committed to the court of Sessions and hence considering the evidence collected during the investigation, case is made out to enlarge the applicant on bail. 5. In the result, the application is allowed. The applicant be released on bail in connection with CR No.160/2009 registered with Nagar Taluka Police station, on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant is directed not to leave the city of Ahmednagar till the disposal of the trial. [A.V.POTDAR, J.] drp/B10/criapln1630-10