1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2767/2009. Adinath s/o Baban Wagh - APPLICANT VERSUS 1) The State of Maharashtra and Anr. - RESPONDENTS ***** Mr.VD Hon, Advocate for Applicant; Mr.KM Suryawanshi,APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 4th September,2009. PER COURT : 1) Heard learned Counsel. 2) On 29.4.2009 at around 2.00 – 2.30 p.m., there was altercation between Ghanshyam and present accused/applicant - Adinath on stitching charges. It was in front of shop of one Ayyub Issakbhai Shaikh. The accused/applicant allegedly lift a boulder and smashed the same to Ghanshyam. Resultantly, Ghanshyam fell down. Ghanshyam expired on 3rd May, 2009 and thereafter on 4th May, 2009, prosecution is launched by one Popat Sargad and not parents of Ghanshyam. 3) The Counsel informs that pursuant to his application, being Misc. Application No. 591 of 2 2009, the applicant was showered with interim protection by the learned Additional Sessions Judge-2, Ahmednagar, effective from 8.5.2009, which was in force till the application was rejected on 27.7.2009. During the above protected period, the applicant has attended the concerned Police and there is no violence created by the applicant/accused. 4) Learned APP placed before me statements of Ayyub Issakbhai Shaikh; Popat Razzak Shaikh; Mahendra Uttamrao Ghatul and Shrikant Devidas Pandit, who have witnessed the incident and in unequivocal terms indicate that it was the applicant/accused – Adinath, who inflicted the grave injury, taking toll of precious life of Ghanshyam. At this stage of the matter, though the contention is raised that the applicant/accused was serving at difference place, pre-arrest bail application cannot be entertained, it is accordingly rejected. The observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/cran2767.09