2010appln1569.10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1569/2010 (Abdul Jabbar Abdul Sattar Sheikh vs. State of Maharashtra) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Ms. Tapdiya Adv h/f Mr. Lohiya Adv for applicant. Mr. Anoop Parihar, A.P.P. for respondent-State. CORAM : PRASANNA B. VARALE, J. DATED : 20 th October, 2010. Heard learned counsel for the applicant. Applicant is seeking bail in Crime No. 29/2010 registered by Umred Police Station district Nagpur for the offence punishable under Section 302 of Indian Penal Code. Report came to be lodged on 26th March 2010. The applicant is the husband of victim Renu and as per report dated 26th March 2010 applicant with hammer committed murder of his wife. Learned counsel submits that the story as reveals from the report is improbable. She further submits that the report is an out come of the professional rivalary between the complainant Sunil Sadhwani and the applicant. She further states that there is no merit so as to connect the applicant with the alleged offence. Reply is filed by the State. Learned APP has produced the material collected so far by the investigating agency. Apart from the report the statements are recorded by the investigating agency. 2010appln1569.10.odt They are statements of daughter of applicant as well as neighbour of the applicant, more particularly statement of daughter Ayesha aged 9 years clearly states about the presence and the act committed by the applicant. Postmortem report reveals that the cause of death is head injury and there after as many as six injuries including two crushed injuries over temperoparital region. The material collected so far by the investigating agency primafacie establishes that the applicant is connected with the crime. In view of the material collected by the investigating agency I am of the opinion that it is not a fit case to release the applicant on bail. In the result application is rejected. JUDGE svk