1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2917/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.RV Gore, Adv. for applicant; Mr.DR Korde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 5 th September,2009. 1. Heard learned Counsel and learned APP. 2. The accused, in custody from May 2008 for an offence punishable under Section 302 of IPC in crime No.I-34/2008, registered with Paithan Police Station, seeks to be released on bail. 3. The statements of the landlord and his wife implicate the applicant/accused. It is not that for the first time the victim/deceased reported the matter against the accused, to either her mother or police, but the harassment and humiliation caused by the accused was beyond tolerance and there were applications moved by the deceased, even to Police, immediately. In the night of the incident, the accused allegedly desired sex with the deceased, her denial has resulted into the homicidal 2 act. 4. The Counsel read the papers and virtually argued the matter on merits as to how the prosecution fails as against the accused, how the accused deserves to be acquitted in the matter. 5. At this stage of the matter, I am not required to address to the so-called contradictions and omissions, as even otherwise, they are not going to the root of the matter, even prima facie. The long drawn custody of the accused though is apparent, but since the matter is seized with the learned Judge, where the charge is framed and witness summons are issued, the evidence at this stage implicate the applicant/accused. No bail. Criminal Application rejected. The observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/cran2917.09