1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2176/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs. SS Jadhav, Adv. For Applicant; Mr.PM Shinde, APP for State. __ CORAM : K.U.CHANDIWAL, J. DATE : 27th July, 2009. ... . Heard learned Counsel and learned APP for State. 2) On 24th February, 2009, the victim, was moving in an auto rickshaw to her village. By the assistance of the auto rickshaw driver, 3-4 persons, who later sat in the auto rickshaw as passengers, forcibly took the victim behind the local hospital, where she was ravished and sexually abused. She lodged a report with the Police, disclosing the incident as to the manner thereof with the details of the suspects. She indicated, while the activities of forcible sexual intercourse was in progress,the accused called each other by name Balu and Prakash. In an identification parade subsequently held 2 on 24.3.2009, she has identified the accused/applicant in presence of panch and Taluka Executive Magistrate, pointed specific role of the applicant/accused in the commission of crime. 3) At this stage of the matter, deficiencies on conducting the parade, will not be a paramount aspect, the gravity and the manner in which the brutality is exhibited, need to be condemned. There may be minimal role of the accused/applicant, but the victim was, in a process of moving to her village in auto rickshaw, was side- tracked to commit the heinous offence. Consequently, no case for bail. The application is rejected. It is clarified, the observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/cran2176.09