MANGESH JAWAHARLAL GAUTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) One Digambar Venkatesh Vernekar, a jeweller, was found murdered in his shop situate in Kamlesh Society, Kalwa, Thane on 23-5-1997. In that connection offence under C.R.No.53 of 1997 under sections 302, 394, 454, 342 read with section 34 of the Indian Penal Code, came to be registered at Kopri Police Station. In that connection, petitioner and two others came to be arrested, since they found on the terrace of the building of Kamlesh society on 24-5-1997 at midnignt. Petitioner had applied for grant of bail to the Sessions Court, Thane, but the said application has been rejected by the Additional Sessions Judge, Thane and therefore, he has filed the present application.

(2.) I have heard Shri Karnik for the petitioner and Shri Galeria, A.P.P. for the Respondents-State. It has been stated by Shri Galeria that the two other accused arrested in this offence have been released on bail by this court and case of the petitioner stands on the same footing. The copy of the order passed by this court (Palkar, J.) in Criminal Application No.2770 of 1997 is annexed to the petition and it would go to show that the case rests on circumstantial evidence and the only circumstances relied upon by the prosecution is the presence of the petitioner and other two accused on the terrace of the building and no other. That is how case of the petitioner stands on the same footing and, therefore, on the strength of this evidence I find this to be fit to grant bail.

(3.) Accordingly, petitioner is directed to be released on bail on his furnishing solvent surety to the extent of Rs.10000/- (Ten thousand) and P.R. bond for like amount on condition that he shall report to Kopri Police Station twice in a week on every Tuesday and Friday at any time between 8 a.m. and 8.p.m.