1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2478 of 2009 Ramraoji v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr D.S. Dharaskar, Adv for applicant Ms S.S. Wandile, APP for State Coram: A.P. Bhangale, J Dated : 7th August 2009 1. Applicant is seeking bail in Crime No. 16/2009 registered with Police Station, Kurha, District Amravati under Sections 302, 201 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant contends that owner of the brick-kiln viz. Suresh Bhosale in whose company the deceased was last seen, has been discharged under Section 169 Cr.P.C. and, therefore, applicant may be released on bail. Learned APP, on the other hand, opposed the bail application on the ground that there is statement of eye witness implicating applicant co-accused Mehboob. 3. Witness Diwakar has clearly stated that when he was returning from his field, he was called by applicant near the brick-kiln of Suresh Bhosale and, therefore, he went there. On going there, he found that applicant, co-accused Mehboob were standing and deceased Bandu was lying in a naked condition and this witness stated that since he was having 2 battery with him, he could clearly see Dilip Butle. He further stated that he noticed blood on the face of Bandu and that applicant Ramrao took his bicycle forcibly and both the accused put Bandu on the carrier of bicycle and threw him on the main road. He also stated that he remained silent due to threat and fright. Post-mortem report reveals that there were 63 burn injuries and two contusions on the body of deceased Bandu. Weapon of offence viz. Stick has been recovered at the instance of applicant. Moreover, there is extra-judicial confession made by co-accused Mehboob to witness Diwakar that he and present applicant had done Bandu to death by kick and fist blows. Considering all these facts, this is not fit case where applicant should be released on bail. Since there is likelihood of extreme punishment of death or life imprisonment, there are chances of applicant getting absconded and tampering with prosecution evidence. Hence application is rejected. Trial Court is expected to dispose of sessions trial as early as possible. Judge. hsj