1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1522 OF 2010 Mr.Hardeep Joginder Singh Ojala & Ors. )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. Kulmeet Singh Virk i/by Vinod R. Gupta for the applicants. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 7th April, 2010 PC 1 This is an application for grant of regular bail. The applicants are shown as accused in C.R.No.111/2009 registered by the CBD Belapur police station, Navi Mumbai for alleged offence under Section 307 read with 34 of IPC. The case has been registered on a complaint filed by the injured who is a lady by name of Sharan Preet Ojala. The record indicates that earlier close relative of Sharan Preet Ojala, Raman was was married to applicant no.1 Hardeep. It appears from the record that the wife of applicant no.1 Hardeep fell down from a terrace of the building of her matrimonial home and killed. The present incident took place on 6.7.2009 and as per the FIR when the complainant Sharan Preet was going for her classes, the present applicant no.3 Harjeet Kaur Gill met her near the market and indicated to her that she wanted to have a conversation. She called her to her house but the complainant told her that she has to attend her class. Applicant no.3 told her that come to the house after the classes. When she went to the house of the applicants after the 2 classes, applicant no.3 requested her to come to the terrace and when she went to the terrace, she was followed by applicant nos.1 & 2 as well as their mother Preetam. On the terrace she was told that Ramandeep had been killed in the house and thrown from the terrace. Applicant no.1 wanted to marry again and therefore, her parents should be told not to create any problem. When the complainant said that she will go and inform the police, the complainant was tied up bodily and thrown over the terrace from five storied building. This story is amply corroborated by the medical evidence which shows that there are as many as four fractures. It is not in dispute that body was ultimately taken to the hospital from outside the building where present applicants were staying. In my view, this is a very serious offence and not a fit case to grant bail to any of the accused including the ladies. 2 Advocate for the applicants sought to rely upon the judgment of the Apex Court in the case of Bhagirathsingh Judeja Vs. State of Gujarat reported in AIR 1984 SC 372 . In the said judgment the Apex Court has observed that if there is no prima facie case then there is no question of considering other circumstances. But even, where a prima facie case is established, the approach of the court in the matter of bail is not that the accused should be detained by way of punishment but whether the presence of the accused would be readily available for trial or that he is likely to abuse the discretion granted in his favour by tampering with evidence. This is a case wherein in my view, prima facie case is established. The act committed by the applicants, if proved will be henious act of throwing young women over the terrace. Applicant no.1 is said to be a person who is working abroad and in my view, there is possibility that he will not be available for trial if he granted bail. In the circumstances, application is summarily rejected. 3 (R.S.MOHITE,J) 4