1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 838/2009 (Wishwajeet @ Vivek Wankede vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... Mr Anirudha Choube,Adv. for applicant Mr. Anup Parishar, APP for Respondent CORAM: A.P. BHANGALE,J. DATED: 10 th August, 2009. Heard counsel for respective parties at, length. 2. The accusations appear to be serious. It is alleged that the applicant had committed rape upon the deceased who recorded the fact on her forearm and committed suicide, giving rise to Crime No.63/2008 reported under section 376-G, 506 read with section 34 of the Indian Penal Code at Ural Police Station, Akola, Tq.Balapur Dist.Akola. According to learned Advocate for the applicant the other co-accused have been granted bail. One Dheeraj Wankhede was granted bail on the ground that he is a juvenile ;whereas Sangpal Ingle was also released by the Court of Sessions. However, the present applicant is singled out and is facing trial. 3. Learned APP states that the charge-sheet is already filed and the case is pending at Court of Sessions, Akola. This Court’s attention has been invited to Col.No.8 of the post-mortem notes indicating that the applicant was specifically named as the reason for death by the unfortunate victim who could not tolerate the injustice. Regarding other co-accused Dhiraj and Sangpal, only their presence at the scene of offence is alleged by the victim and, as such, the present applicant cannot claim parity with bail granted in their favour. It also appears that in the course of investigation certain clothes were discovered at the instance of the applicant. The learned APP contended that Forensic Science Laboratory’s report regarding those clothes is already filed in the Sessions Court. 4. Under these circumstances, considering the prima facie involvement of this applicant into serious accusations of rape as also abetement to commit suicide punishable under sections 376, 506 read with section 34 of the IPC, no case is made out for grant of bail. Application is rejected However, this Court expects that the Sessions Court to complete the trial, as early as possible. Parties to co-operate for early hearing during the trial. JUDGE. sahare