1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2734/2009. Anil s/o Punjaram Bankar - APPLICANT VERSUS The State of Maharashtra - RESPONDENT ***** Mr.S.P.Chapalgaonkar, Advocate for Applicant; Mr.V.D.Godbharale, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 8TH October,2009. PER COURT : 1) Heard learned Counsel and learned APP extensively. 2) The accused/applicant – Anil s/o Punjaram Bankar in custody from 23rd December, 2008 in Crime No.I-142/2008 registered at Loni Police Station for the offence under Section 302 and 201 of IPC, seeks bail. 3) The Counsel for the accused submits, there is defect in the post mortem notes, the doctor initially could not opine cause of death of the deceased, the injuries referred at the neck region, particularly, thorax, had fallen 24, 2 needs consideration. The statement of so-called eye-witness Sow. Alka Ulhas Waghmare recorded by police or before the Special Executive Magistrate is full of inconsistencies and need not be considered. 4) The interse relations between Sheetal, to be sister of Alka and Alka to be wife of accused no.1 – Ulhas Waghmare and Alka to be step sister of the deceased – Sandeep Gangawane, is not in controversy. 5) There were illicit relations of Ulhas with Sheetal, which was also one of the alleged cause for Alka stating or stepping ahead against her husband and her real sister Sheetal. 6) The account of events, given by Alka, at this stage, supported under Section 161 Cr.P.C. statement or Section 164 Cr.P.C. statement, cannot be traversed to its depth to find inconsistencies therein including few minor contradictions. Taking her thumb impression by the Special Executive Magistrate is also criticized. I do not see any illegality in such exercise. 7) Basically the event dated 23.11.2008 noticed by Kisan Dattatraya Kharde and his 3 associate also prima facie needs consideration. They were not knowing the deceased, a human dead body in a gunny bag tied was seen floating and one hand of the dead body was seen protruded. When the dead body was brought to the shore, it was opened, it was in a decomposed state, there was dis-colouration of skin with loosening and the witnesses, who were unaware of the deceased, saw that there was a noose of rope around the neck region of the deceased. At this stage of the matter, not giving primary opinion by the medical officer immediately or giving suggestion of death of deceased due to compression of neck dated 12th March, 2009, need not be condemned to be farce. The details in column no.20 of the post mortem notes describe in Thorax region also prima facie indicative in tune with the findings recorded by the Medical Officer. 8) At this stage of the matter, when there is indication of a motive between the deceased and the accused/applicant, though the deceased was a larrikin, but by that itself, the accused will not get a license to eliminate him in brutal and barbaric manner in which it has been done. The evidence was tried to be vanished and disappeared. 9) Taking survey of all these facts, though 4 charge sheet is filed, no case for bail. Criminal Application rejected. The observations are prima facie in nature. 10) The learned Judge, seized with the matter, will ensure expeditious hearing of the case. ( K.U.CHANDIWAL ) JUDGE bdv/cran2734.09