1 CR.APL NO.140/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. APPLN/140/2011 DHARAMENDRA INDARSINGH @ [Criminal] SATTAR BHOSALE AND ORS V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.K.Bhosale, Adv., for the applicants. Mr. K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 22-2-2011 1. Heard extensively. The complainant, on 27.6.2010, at about 9 p.m., while he was driving a vehicle bearing No.MH-13-N3027, carrying passengers, on the way at Soygaon to Banoti road, near a brook, 5/6 unknown persons created hurdles by putting logs/leaves and pelt stones on the vehicle. The culprits were holding lethal weapons, sticks, axes, they assaulted almost all the occupants, robbed around Rs.67,500/- which the occupants were possessing, including ornaments. The brutal assault to one Raju Pawar resulted in his death due to extra dural hemorrhage caused due to head 2 CR.APL NO.140/2011 injury, giving rise to FIR against unknown persons, with their description. The informant also informed that he will be able to identify the culprits since he has seen them in the vehicle at the material time. 2. The accused/applicants were arrested in another Crime by Gangapur Police Station on 11.8.2010. Based on communication, the accused were referred to Soygaon Police in the present crime, which was after six days. In an identification parade held on 16.9.2010, the witnesses have allegedly identified the accused with specific role as to in what manner they have carried the activities. 3. Learned Counsel for the accused/applicant submits, the test identification parade is a farce as photographs of the suspects were already affixed to the Panchnama, they were even flashed at Police Station, the accused suspects were carried during the remand in un- muffled condition and, consequently, fragility of the evidence will not 3 CR.APL NO.140/2011 bring home guilt to the accused. 4. Counsel also submits, there is nothing that is recovered from the accused/applicants and since chargesheet is filed, further custody not warranted. 5. Learned Counsel, passingly accepted that several crimes are to the credit of the accused/applicant, in one of them, by virtue of Section 169 Cr.P.C. they have been discharged by Gangapur Court in Crime No. 108/2010, referred above. 6. The brutality in which the offense has taken place and as other associates of the accused/applicant are yet to be traced, filing of chargesheet by itself will not be making the accused/applicants entitled to seek release on bail. The passenger, for no reason, lost his life, to satisfy lust/greed of the accused/applicants in the event of robbery. Application lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/140-11crapl