AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.648 OF 2008 IN CRIMINAL APPEAL NO.496 OF 2007 Ganesh Bhau Sonawane .... Applicant Vs. The State of Maharashtra. .... Respondent Mr. Abhaykumar Apte for the applicant. Ms. M.M. Deshmukh, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & DR. D.Y. CHANDRACHUD, JJ. DATED : 7TH AUGUST, 2008. P.C.:- 1. This is an application for bail, through jail. The appeal filed by the applicant was admitted by this court on 20/7/2007. The applicant's prayer for bail made in the appeal memo was AJN 2 considered on 19/10/2007. This court observed that it is not inclined to consider the prayer for bail. However, liberty was granted to the applicant to prefer fresh application for bail. Pursuant to the said liberty, the applicant has filed this application. 2. We have heard Mr. Apte, learned counsel appearing for the applicant and Ms. Deshmukh, learned A.P.P. for the State. 3. Learned counsel for the applicant submitted that there is no direct evidence. The prosecution case rests on circumstantial evidence and the circumstantial evidence does not point to the guilt of the accused. Learned A.P.P. strenuously opposed the application. 4. In our opinion, this is not a case where the bail could be granted. The evidence adduced by the prosecution indicates that the applicant was last seen with the deceased. There is discovery of khanjir at the instance of the applicant. Gold ornaments of the deceased were recovered from PW-5 to whom the applicant had AJN 3 sold them. On the clothes of the accused, which were recovered from his house, and on the khanjir recovered at the instance of the applicant, blood of “B” group was found which is the blood group of the deceased. The blood group of the accused is “O”. In the circumstances, prayer for bail cannot be granted. Application is rejected. [SMT. RANJANA DESAI, J.] [DR. D.Y. CHANDRACHUD, J.]