IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.1007 OF 2008 CRIMINAL APPLICATION No.1007 OF 2008 CRIMINAL APPLICATION No.1007 OF 2008 Gorappa s/o Kulappa Vanrasi. ..Applicant. Vs. The Inspector of Police Vishnu Nagar Police Station, Dombivali, Ta. Kalyan and Anr ..Respondents. Mr S. E. Kotwal, Advocate for the Applicant. Mr J. P. Yagnik, A.P.P. for the State. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 16.4.2008. DATED: 16.4.2008. DATED: 16.4.2008. P P P.C. C. C. 1. Heard learned counsel for the applicant and the learned APP for the State. 2. Perused the application and the material available on record. 3. The learned Additional Sessions Judge, Kalyan vide order dated 4.9.2007 while rejecting bail application observing as under:- 6."From the report and the statements of witnesses, it reveals that there were quarrels between the Applicant, complainant and his relatives and meeting of their community was held and on 17.8.2007 the applicant had threatened the complainant Lachhappa Lalappa Teku that he would kill some person from his family and it was happened at 3:00 p.m. It also reveals from the statements of the complainant and his wife that on that day i.e. on 17.8.2007 at about 7:30 p.m. their son deceased Chinna aged 2 months was sleeping in "Zula" in the hut and as such they had come out from their house and thereafter after half an hour i.e. about 8:00 p.m. they saw the applicant while coming out and running away from their house. It appears that therefore they entered into their house and saw that the blood was oozing from the nose of deceased China and there was swelling on his forehead. It appears that they had taken China to the doctor and doctor declared him dead. If all these events are considered together, then it will find that prima facie there is involvement of the applicant in the said crime." 7."It appears that the investigation is in progress. In view of these reasons and as there is prima facie involvement of the applicant in the said crime under Sections 302 and 452 of the I.P.C. I am of the view that if the applicant is released on bail definitely he will cause the hindrance in the investigation." 4. Perusal of the earlier order dated 19.12.2007 passed by the learned Additional Sessions Judge, Kalyan shows that the complainant was beaten by her husband Adiyapa and her mother in law on account of serving meal. On 17.8.2007 at about 8.00 p.m. the applicant is alleged to have entered into the hut of the complainant and alleged to have killed the child aged two months named China while sleeping in a cradle by striking some heavy object on his head. Thus, there is no material to take a view contrary to the view already taken by the learned Additional Sessions Judge, Kalyan. 5. In the above view of the matter, no case is made out for grant of bail. The reasons recorded by the learned Additional Sessions Judge, Kalyan in its order dated 4.9.2007 in Bail Application No.642 of 2007 hold good. 6. In the result, the present application stands rejected. 7. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)