1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3364/2009. (Maroti s/o Digambar Ambhore Vs.The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SN Janakwade, Adv. h/for Mr. PR Katneshwarkar, Adv. for the Applicant; Mr.VD Godbharale, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 8 th October,2009. 1. Heard learned Counsel. 2. The accused/applicant in custody seeks to be released on bail on the ground that charge sheet is filed, nothing is to be recovered and he has been falsely implicated and there is no eye-witness to the incident. 3. The accused/applicant had controversies on agricultural field with Nagnath and his brothers. In the morning, the accused had indeed threatened Nagnath and his brother to face implication of the quarrel. The accused and his associate – Govind allegedly carried Nagnath, they assaulted him with boulder. When such movement was in progress, it was seen by few villagers. 2 They had even occasion to hear the screams of the deceased – Nagnath. In order to wipe the evidence, Nagnath was tried to set ablaze by use of petrol. At the instance of Govind Kadam, the petrol can, which was used and thrown in the well was recovered. The investigation papers illustrate apparels of the accused/applicant – Maroti Digambar Ambhore had blood-stained, matching to the blood group of the deceased, recovered in terms of Section 27 of the Evidence Act. In this scenario of the matter, though charge sheet is filed that itself will not be a parameter to direct the accused/applicant to be released on bail. 4. Criminal Application lacks merit, it is rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran3364.09