1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2308 OF 2009 Vijay S/o Mahadu Dipake Versus The State of Maharashtra. 1. Heard both the learned counsel. Perused the statement recorded by the police. The accused/ applicant, 23 years old, allegedly suffering from infective hepatitis with P.U.O with Anaemia, has urged to enlarge him on bail. The counsel would argue, custodial interrogation of the accused is not now desired. Nothing is recovered. His ill health needs consideration. The accused will, if required, remain out of the jurisdiction of the Court or the concerned village. 2. The gravity of the matter illustrate that Trimbak Narwade, close relation of the accused/ applicant, was assaulted with stone boulder, in which ultimately the victim succumbed. The role of the accused is specified to be a person in the unlawful assembly who had warned and challenged the deceased and his family members. The statements of Trimbak, Sunita, Amol and two independent witnesses Vikas and Gautam prima facie implicates the accused/ applicant. The 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. accused/ applicant is a resident of the same village, rather resides in neighbourhood. Considering the gravity and the hostility in the group of relations, it is sending bad signals to enlarge the accused on bail. Custodial interrogation, being not required, by itself should not be a parameter for staking bail. The ill health of the accused, certified by the medical officer, General Hospital, Hingoli dated 12th July, 2009 can be taken care by providing him proper treatment while in custody. Indeed he is undergoing such treatment though in custody and rather it has made difficult for the investigator to make inquiry with the accused/ applicant. The application lacks merit. It is rejected with liberty to apply after charge sheet. [K. U. CHANDIWAL, J.] Dated:20/07/2009. ans/2308