1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 109 OF 2009 IN CRIMINAL APPEAL NO. 21 OF 2009 (Shankar Dharmaji Sontakke .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 12TH AUGUST, 2009. Heard Shri K.S. Narwade, the learned Counsel for the applicant/appellant and Shri A.G. Mujumdar, the learned APP for the respondent/State. Criminal Application No. 109/2009 is for grant of bail and suspension of sentence. The learned Counsel for the applicant submitted that in the instant case though the appellant has given extra judicial confession to PW-2 Anil; PW-5 Sayabai; and PW-6 Pramod, the said extra judicial confession does not inspire confidence and, therefore, the evidence to that effect ought not to have been relied upon. It is further contended that the other circumstantial evidence which is brought on record is also not cogent and consistent with the prosecution case and, therefore, the applicant is entitled to be released on bail. 2 On the other hand, the learned APP has submitted that the crime is reported to the police by the applicant himself. It is further contended that the evidence of extra judicial confession is reliable, trustworthy and coupled with the other circumstances which are brought on record and proved by the prosecution i.e. motive behind crime, dying declaration given by the deceased to PW-4 Damodar, the clothes of the accused having human blood etc. The applicant is not entitled to be released on bail. We have considered the rival contentions and also perused the judgment. We are of the view that the nature of evidence which is adduced by the prosecution prima facie establishes the complicity of the accused particularly in view of the extra judicial confession and other circumstances which are brought on record by the prosecution during the course of the trial. Hence, no case is made out for grant of bail. Criminal Application is dismissed accordingly. JUDGE JUDGE *rrg.