1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2687/2009 ((1) Pundlik Pandurang Pise and another vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr K R Lambat Adv.for applicants Mr Anup Parihar , APP for Respondent C ORAM : A.P. BHANGALE, J. DATED : 4th September, 2009. 1. Heard learned counsel for the respective parties, at length. 2. By this application, the applicants pray for grant of bail in respect of Crime No.7/2009 reported at Warora Police Station, Chandrapur for offence punishable under sections 302, 201 read with section 34 of the Indian penal Code. It appears that the incident was informed by Police Patil of village Nagri on 16.1.2009. The Police Patil came to know about talk in the village that there was quarrel between the deceased Dhanraj on one hand and Manik and Pundlik Pise on the other hand, with the result, Dhanraj was assaulted and after he died his body was carried to an unknown place and buried. Thus, the FIR came to be lodged in which the names of Pandurang Pise and Manik Pise were named as accused by the Police Patil and the offence was registered under sections 302, 201 read with 34 of the IPC. The case of the prosecution is that in the course of investigation, on the basis of statement volunteeered by Pandurang Udhav Pise, the dead body of Dhanraj was discovered which was buried. The Police drew the spot panchnama thereof; as also drew Inquest Panchnama. The body was referred to post-mortem examination. In column No. 17, as many as six injuries which were in the nature of contusions, lacerations were noticed. The opinion as to cause of death is recorded as “ cranio – facial trauma”. It also appears that during the course of investigation after Pundlik (applicant no,1/ccused) was arrested and subjected to medical examination, multiple abrasions including 2 linear abrasions and four incise wounds were noticed. Weapons of offence, described as two spades and one stick were also discovered pursuant to the statement allegedly volunteered by Manik Pandurang Pise. Learned APP stated that the report of the expert in respect of those articles which were referred to Chemical Analysis for expert’s opinion is still awaited. Charge sheet is already filed. 3. Learned Advocate for the applicants prayed that the applicants be granted benefit of bail because the co-accused have been granted bail by learned Addl. Sessions Judge, Warora who had allowed the bail application filed by Pandurang Pise and Khushal Sidam. Learned APP however objecting the bail on the ground that active role of assaulting the deceased has been attributed to these applicants by witnesses as also there is circumstantial evidence to believe their involvement in the offence of murder and destroying the evidence by carrying the dead body and burying it. Under these circumstances, parity cannot be claimed by the present applicants along with co-accused who were granted benefit of bail. 4. Looking to the nature of the material collected during the investigation and also statements of witnesses recorded in the course of investigation, it cannot be said that accusations against the applicants are groundless. Hence considering the prospects of long sentence in such a case and likelihood that the applicants may flee from the course of justice if released on bail, I am not inclined to grant bail. However, the trial Court is expected to hear the Sessions case as expeditiously as possible. Application is rejected. JUDGE. sahare