[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2414 OF 2008 Santosh Maruti Gaikwad ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Milind Deshmukh Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.77 of 2007 of Natepute Police Station. The said case is mainly under Section 302 of IPC. 3. Shevanta was parental aunt of the accused. It is the prosecution case that the applicant was addicted to liquor and he used to ask Shevanta for money for consuming liquor. Shevanta used to provide him money, however, on the relevant day, she refused to give the money to the applicant, hence, the applicant assaulted her by means of welding bar and committed her murder. [-2-] 4. The learned advocate for the applicant submitted that though the incident occurred on 12.10.2007, the FIR has been lodged on 16.10.2007. It is seen that FIR is lodged by the police. After the incident, Maruti the father of the applicant went to the police on 13.10.2007 and informed them that his son (applicant) informed him that Shevanta aunty had expired on account of injury to her head. It is seen that applicant is the son of Maruti, hence, he is bound to shelter the applicant. On account of applicant being his son, Maruti tried to give false story to the police. However, thereafter, during the course of investigation, it was found that the applicant had assaulted Shevanta and caused her death. There are four eye witnesses to the incident. They have clearly implicated the applicant. 17 injuries were found on the body of Shevanta. Those injuries cannot be said to be consistent with injuries caused due to fall in the house as is stated by the defence. Looking to the material on record, I do not think that this is a fit case to grant bail. 5. Application is rejected. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]