1 Cri.A.3686.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3686 OF 2011 [ Jagannath S/o Subhash Kolge and another Vs. The State of Maharashtra ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.S.T.Gupte,Advocate for Applicants. Shri.B.J.Sonwane,APP for Respondent. .... CORAM: R.Y.GANOO, J. DATE : 28TH NOVEMBER,2011. PER COURT : 1. Heard learned counsel on both sides. 2. Both the applicants are charged under sections 302, 201 read with section 34 of the Indian Penal Code. The FIR is filed by the mother of the child by name Pankaj on 26.10.2010. She claims that her child was taken away for purchase of new cloths by Babasaheb Shinde. The said child did not return till 26.10.2010, hence she filed FIR. Investigation papers show 2 Cri.A.3686.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders that dead body of Panakj was found in decomposed condition. The post mortem report do indicate that cause of death is “Due to cardirespiratory failure due to neurogenic and hyprovolamic shock“. A person dealing in liquor business by name Vilas has stated that child wearing shirt and Chocklet Pant was found in the company of Babasaheb and two applicants in the morning of 24.10.2010. He had noticed these three persons going in direction of forest. He again noticed that three persons at about 3.00 p.m. returned and at that time child was not with them. All this will clearly go to show that the present applicants were seen with deceased as by way of last seen. This role of the present applicants speaks volume. As such, prima facie case is made out against applicants. The allegations are of 3 Cri.A.3686.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders serious nature. The applicants took advantage of the helpless child of tender age and caused his death. In my view the present applicants would not be entitled for bail. The application for bail is consequently rejected. Sd/- [ R.Y.GANOO, J.] MTK