1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3592 /2009 [Ramesh Madhav Pohankar 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 ..................................................................................................................................................................... Mr. R P Joshi, Adv.for applicant Mr. Anand Fulzele,APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 8, 2010. Heard. 2. By this application, the applicant prays for grant of bail in respect of Crime No.132/2009 reported at Ramnagar Police Station, Chandrapur for offence punishable u/s 302 IPC. It appears that earlier the applicant had moved the Sessions Judge, Chandrapur seeking bail, which was rejected on 5.11.2009. It appears that the prosecution case rests upon circumstantial evidence against the applicant of minor witness Akash (son of the applicant and victim deceased). He appears to have stated about the quarrel which deceased had with the applicant prior to the incident and also other circumstances subsequent to the crime. It also appears that statement of some other witnesses including that of the lady of the house have also been recorded. The post- mortem notes indicates that the it is a case of homicidal death. At least prima facie, indicating involvement of 2 the applicant. Considering the possibility that the evidence of minor witness may be tampered with if the applicant is released on bail as also the evidence of other witnesses, I am not inclined to take a different view of the matter than the one taken by the learned Sessions Judge for rejecting the bail application by order dated 5.11.2009. However, since the charge-sheet is already filed and sessions case is pending in the Sessions Court at Chandrpaur, the Sessions Judge concerned to hear the case as expeditiously as possible. The application is rejected. Needless to mention that the observations made herein-above are for limited purpose of deciding bail application and shall not affect merits of the case at the time of hearing of the Sessions case. JUDGE sahare