{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2079 OF 2010 Ashish Alias Abadya Tubya Bhosale APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. P.C.Mayure, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th July 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.80/2010 registered with Parner police station, Dist-Ahmednagar for an offence punishable u/s 394 and 380 of the Indian Penal Code, as the applicant was in custody in connection with CR No.78/2010 and on 10.04.2010 he was arrested in connection with CR No.80/2010 on transfer warrant. 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of investigation. {2} 3. It appears that in this offence, after completion of the investigation, charge sheet has been filed on 07.06.2010 before JMFC, Parner and numbered as RCC No.120/2010. 4. Papers of investigation disclose that the said offence is registered on the compliant of one Dattu Dhavale in respect of an incident which had occurred at 2.10 a.m. on 10th April 2010. The prosecution story, in short, is that, when the complainant had slept in a cattle shed, which is adjacent to his house, he received a message that some unknown persons have assaulted his wife and have stolen gold ornaments from her person and during the scuffle, his wife has received grievous injuries. Immediately, the complainant reached at the spot and learnt that one more robbery had also taken place at Khashaba Tample, thereafter, the injured was shifted to the hospital, where she expired. 5. It appears that the present applicant and 5 other accused were arrested, as after committing the offence at 2.10 a.m. they had also committed another robbery in a nearby village. It appears that the applicant and others were arrested while they were fleeing away after committing another offence in the same night. It appears that in the another incident of robbery, the applicant and others have killed two persons. During investigation, one iron rod and cash in the sum of Rs.1150/- is recovered at the instance of the applicant. {3} 6. According to learned counsel for the applicant, after the arrest of the applicant he is not introduced in TI parade and that the injuries sustained by the injured do not match with the alleged weapon seized at the instance of the applicant. 7. Learned APP opposed the application. 8. From perusal of the PM notes it is clear that the death of the victim occurred due to assault in the early hours of 10th April 2010. Total more than 7/8 accused are involved in this offence. Total 5 persons are arrested out of which one is juvenile. The articles recovered at the instance of the applicant and other accused establish that the weapons are used to kill the persons in another incident of robbery which had taken place within a very short period after this offence. This clearly indicates that the applicants have not shown any mercy while robbing and committing dacoity and killing the persons and within a very short period they have committed two robberies and three murders. If it is the case, then though the investigation is over, the accused does not deserve any leniency to be enlarged on bail. In the result, the application, which is sans merits stands rejected. [A.V.POTDAR, J.] drp/B10/criapln2079-10