1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1279 OF 2010 Chandrashekhar Vithal Ithape ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.V.P. Latange, Advocate for applicant. Mrs.Vaishali Shinde, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 23rd April, 2010. PER COURT : 1. Heard Mr.V.P. Latange, learned counsel for applicant as well as Mrs.Vaishali Shinde, learned APP for respondent. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.128/2009 registered with Kaij Police Station, Dist.Beed for the offences punishable under Sections 147, 148, 149, 302, 365 of Indian Penal Code, since applicant was arrested thereunder on 21.06.2009 and he is in judicial custody presently. 3. It appears that offence has been registered on the complaint lodged by complainant namely Ratnamala Devidasrao Ithape i.e. wife of victim namely Devidas Ithape in respect of occurrence of incident of 2 murder of Devidas on 11.06.2009 allegedly at the hands of applicant and other co-accused persons by assaulting him by weapons such as knife and sickle. 4. On perusal of the papers of investigation and after considering the rival submissions advanced by learned counsel for parties, it is apparent that name of applicant herein has been reflected in the complaint and alleged incident occurred in broad day light at about 2 p.m. The investigation papers disclose that the statements of the witnesses have been recorded and the statements of two eye witnesses namely Rameshwar Ithape and Shaikh Chand Shaikh, who were sitting in the Auto, apparently connect the applicant with the alleged crime. Moreover, there is discovery of knife and blood stained clothes of applicant at the place of incident seized under memorandum panchanama under section 27 of the Indian Evidence Act. Pertinently, Chemical Analyser's report is positive since the blood group of victim is AB and blood stains on the weapon i.e. knife and blood stains on the clothes are also of AB group, which apparently connects applicant with alleged crime. Besides that, the postmortem notes disclose that victim Devidas sustained multiple stab injuries as well as cause of death is shown as Haemorrhagic shock due to severe blood loss secondary to multiple stab injuries and stab injury over heart dissecting ventricles and therefore, it is apparent from the record that there is incriminating evidence against the applicant. 3 5. Hence, although the investigation has been completed and chargesheet has been filed, there is, prima facie, evidence against applicant apparently to connect him with the alleged crime and therefore, he does not deserve bail. 6. In the result, application being sans merit, stands dismissed. 7. Above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE) JUDGE gas/cri1279.10