1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5752 OF 2010 Kiran S. Tavade ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Kamlesh N. Gujar, adv. For the Applicant. Smt. P.P.Bhosale, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 23, 2010 P.C. 1 Heard the learned counsel for the applicant and the learned APP for the State. Applicant was arrested on 27.4.2010 in Crime No.218 of 2009 registered with Goregaon Police Station for the offences punishable under Section 302 of the I.P.C. on 4.5.2009. 2 It appears that the deceased was auto rickshaw driver and he was murdered. Initially the offence was registered on a report lodged by police constable Vinod Mangle against unknown persons. During the investigation some accused persons were arrested. According to the prosecution one of the accused namely Yusuf @ Gidda Ibrahim Shaikh informed the police that he and his friends Sagar Ayre and Kiran Tawde had killed one rickshaw driver about one year before. Except this 2 statement of accused Yusuf @ Gidda, there is no material against the present applicant Kiran Tawde. The Finger Print Bureau had also collected two chance finger prints on the rear mirror of the said auto rickshaw. However, they were found unfit for comparison and any practical utility as per the report dated 7.7.2010. Thus, there is no admissible evidence collected by the police to show that the present applicant had committed the offence. 3 Therefore, applicant be released on executing PR of Rs. 10,000/- with surety in the like amount with condition that he shall not tamper the prosecution evidence. (J.H. BHATIA,J.)