(1) CRI.APP. 4502.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4502 OF 2010 Shaikh Ajaj Shaikh Pashu Age : 32 years, Occu.: Labour, R/o. Dhanora (Motya), Tq. Purna Dist. Parbhani .. Applicant VERSUS The State of Maharashtra Through P.S. Ardhapur, Tq. Ardhapur, Dist. Nanded .. Respondent --- Mr. N.N. Chitlange, Advocate for the Applicant Mr. B.J. Sonawnane, A.P.P. for the respondent-State --- CORAM : V.R. KINGAONKAR, J. DATED : 25TH NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The learned Advocate for the applicant submits that the case of the prosecution depends upon circumstantial evidence and there is no interconnection between the events upon which the prosecution seems to rely. He would submit that the applicant is not required to be detained any further and the case against him is built up only on (2) CRI.APP. 4502.2010 suspicion due to strained relations between the spouses. It is contended, therefore, that the applicant may be granted bail. 3. The deceased was wife of the applicant. Her father lodged F.I.R. alleging that for about three years, the deceased, namely Tabassum, resided with the applicant and his relatives at village Dhanora. Somewhere in 2006, she started residing at village Rudrawadi on account of her employment as Anganwadi assistant. The applicant also started residing with her in the rented room. He had purchased an auto-rickshaw with help of a finance company. The F.I.R. purports to show that about eight days before the incident of the death of Tabassum, the applicant had withdrawn amount of Rs.13,500/- which had been accumulated as amount of saving group and also had taken away some domestic articles including fan, back to his native village. She was residing alone at Balapur for about a week and was daily commuting to village Rudrawadi in order to attend her duty. On 10.6.2010, she had gone to attend her duty. Her father contacted her (3) CRI.APP. 4502.2010 at about 4:30 pm. on her mobile phone. She informed him that she had completed her duty hours and was returning home. She did not, however, return home and though hectic search was made in the night, yet there was no trace of her. In the next morning, her dead body was found lying amidst banana crop situated in the agricultural land of one Madhav Kavde at village Pardi. 4. Perusal of the investigation papers, prima facie show that deceased Tabassum was done to death and died as a result of head injuries caused to her. A spanner was recovered at instance of the applicant being instrument of the assault. The post-mortem report shows that semi digested food was found in her intestine. Police versions of Shaikh Gani Shaikh Mehboob and Syed Kadar Syed Abrar prima facie shows that deceased Tabassum was found travelling in the auto-rickshaw of the applicant atleast till about 2:45 pm. as they were noticed at Waranga phata situated on Hingoli Nanded Road. It is important to notice that P.W. Syed Kadar found that some dispute was going on between deceased Tabassum and (4) CRI.APP. 4502.2010 applicant. After some time, may be around 3:00 pm. he noticed that the applicant started the auto- rickshaw and proceeded towards Nanded with Tabassum as a passenger on the backseat. Thus, there is prima facie evidence to show that the applicant was seen in the company of Tabassum in the relevant evening. The fact that village Pardi is situated on Waranga road, and possibility of taking the deceased to a secluded place by the applicant cannot be ignored. There is absolutely nothing on record to infer that deceased Tabassum had any enmity with someone else. The Police statements of Smt. Bhagirathabai Gire go to show that the applicant used to suspect fidelity of Tabassum and there was depression expressed by Tabassum due to the strained relations. Her version also shows that on 10.6.2010, Tabassum had received frequent phone calls on her cell-phone. On enquiry, Smt. Bhagirathabai learnt from Tabassum that the applicant was contacting her on cell-phone from time to time and was talking in filthy manner. Thus, since the relevant morning deceased Tabassum was (5) CRI.APP. 4502.2010 nagged by applicant by calling her on cell-phone from time to time. The phone calls made by him from a coin-box are also prima facie corroborated by P.W. Kailas Pisal and Nandlal alias Nandu. These are tale-telling circumstances. Thus, there appears a chain of circumstances, prima facie, which point out that the applicant is prima facie the author of the injuries caused to deceased Tabassum and probably took her to a secluded place near Warange phata where he and Tabassum were found in company of each other. 5. Under the circumstances, the Application is dismissed. The observations in this order may be treated only of prima facie nature and restricted to the decision of the present Application. The trial of the Sessions case shall be expedited and be completed within period of eight (8) months, as far as possible. Sd/- [V. R. KINGAONKAR, J.] arp