FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2019/2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr S. R. Chitnis, Sr Counsel with V.R.Raje for the applicant. Mr P.S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, JJ. DATE :- 7TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time in this regular bail application for bail preferred by the applicant – sole accused, in the matter of offence under Section 302 of I.P.C. 2. Allegations against the applicant are that he had love affair with the victim girl aged about 18 years or so. The applicant is aged about 35 years. The victim girl was college going and the applicant is auto rickshaw driver and residing in the locality where the girl was residing. On the fateful day he took the girl on his motor cycle to some secluded place and accused also promised for marriage. She refused saying that there is difference of age between them and she did not love him. Getting enraged due to such refusal the applicant assaulted the girl by means of a knife and inflicted severe blows on her body. She fell on the spot in severely bleeding condition. The applicant left the spot on his motor cycle. Latteron injured girl was removed to the hospital. Allegedly, on the way one Santosh noticed her lying in a injured condition to whom she told the incident and she took the name of the accused as the assailant. 3. Initially, offence was registered under Section 307 and during the investigation allegedly her statement was recorded by the police after the F.I.R. was lodged by her mother. 4. Victim girl succumbed to the injuries, hence offence u/s. 302 of I.P.C., was inserted in the charge sheet. 5. According to the police, there are oral dying declarations made by the victim girl when she was in an injured condition. One was made to her mother Reshma, another was to her father earlier and third one was to one Santosh who initially saw her on the spot. Also, according to the police, her statement was recorded while under treatment. Apart from such statement there is recovery of knife at the instance of the accused and said recovery is incriminating prima facie as to finding of the blood of the same group on the knife as that of the blood group of the deceased. 6. Learned Senior Advocate Shri Chitnis strongly emphasized on the aspect as to the condition of the victim while under treatment and whether she was in a position to give statement as alleged by the police. On this aspect attention of this Court is drawn towards the remarks made by attending doctor which are appearing on the left hand margin at the first statement of victim. Said remark shows that the patient was in semi conscious condition and gave history, at the relevant time, she had no sign and no response to give statement. By pointing out this it is submitted that such evidence of Investigating agency cannot be believed even prima facie. 7. Considering the case as prima facie appearing as to three oral dying declarations and recovery of the knife which is prima facie incriminating against the accused, in the opinion of this Court, it is not a case in which the applicant accused can be released on bail. Hence, present application is disposed of with following order. (a) Application shall stand rejected. (b) The Trial Court shall not be influenced by the observations mentioned in the present order so far as merits of the case is concerned. (A.R.JOSHI,J)