1 criapln1899-11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1899 OF 2011 Sanjay Jayaswal & Anr. V/s The State of Maha. _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr.V.D.Sapkal,Adv.for applicants. Mr.N.H.Borade,APP. for R-State .... CORAM : T.V.NALAWADE,J. DATE : 06/06/2011 1] This application is filed for bail in C.R. No.I-44/11 which is registered with Karmad police station, Dist.Aurangabad. Crime is registered for offences punishable u/ss. 302, 201 r.w. 34 of I.P.C. 2] This is first bail application. Papers of investigation are made available. Both sides are heard. Advocate for the applicants mainly submitted that the report was given very late and in respect of alleged offence dated 31/3/11, crime was registered on 11/4/11 and that too on the basis of report given by P.S.I. He also submitted that the doctor has 2 criapln1899-11 mentioned that there is injury to brain but there is no corresponding external injuries found on the head and the medical evidence is not consistent with the so called direct evidence. 3] The evidence collected shows that there are 2 eye witnesses to the incident like Dadarao Kokade and Ganesh Kokade. First statement of Dadarao was recorded on 7/4/11 and second was recorded on 12/4/11. The statement of Ganesh was recorded on 12/4/11. They have made statements like eye witnesses against the two applicants. They have made allegation that the head of the deceased was dashed against wall. There are allegations of making assault with fist blows on other parts of the body. 4] The post mortem report shows that post mortem was conducted on 1/4/11 but the opinion was not immediately given as viscera was preserved for C.A. Report. It appears that till today, no cause of death certificate is obtained by police. In column no.17 of post mortem report, the injury like abrasion are mentioned over right hand, right lower back and left intrascapular region. In column no.19, under scalp contusion over left occipital region and over right temporal region irregular reddish injuries are 3 criapln1899-11 mentioned. Investigation is still in progress. There is allegation that after assaulting the deceased, he was thrown out of the shop premises by the applicants. In view of these circumstances, and as there is direct evidence, at this stage, bail cannot be granted. 5] The original applicant has appeared through advocate Shri J.V.Deshpande and application is moved to oppose the present application. In view of aforesaid circumstances, the applicants can file application after filing of the charge sheet. So the present application stands rejected. [T.V.NALAWADE,J.] umg/criapln1899-11 4 criapln1899-11