1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 4254/2008 Amit @ Kuwar Bhawanisingh s/o Hiralal Varma Vs. State of Maharashtra --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Shri A.K. Bhangde, Advocate for Applicant. Shri D.B. Patel, A.P.P. for State CORAM:- A.P. BHANGALE, J. DATED:- 28 th JULY, 2009. 1. By this application, the applicant is seeking bail in connection with F.I.R. No. 157/2008 reported at Lakadganj Police Station, District-Nagpur on 8-5-2008 punishable under Sections 396, 297, 302 read with Section 120(B) of Indian Penal Code and also under Section 3 read with Section 25 of the Arms Act. A complaint was lodged by one Ritesh Vinod Kothari regarding the incident of double murder which occured on 8-5-2008 at about 4.30 p.m., in which it is alleged that about four robbers had entered in the office of the deceased Sushil Lakhotiya and Suresh Lakhotiya and injured Shailesh Lakhotiya, while committing robbery the robbers had fired shots at Sushil Lakhotiya and Suresh Lakhotiya and also Shailesh Lakhotiya. In the 2 result, Sushil and Suresh died while Shailesh was injured. It appears that charge sheet in the case is already filed and Sessions Case No.374/2008 is pending in the Sessions Court, Nagpur. 2. Bail has been objected mainly on the ground that accusations are very serious of dacoity and murder and it was day light incident and injured witness Shailesh Lakhotiya had identified the present applicant as one of the dacoit who had used fire arms while committing the dacoity and committing double murder, and also injury to the witness Shailesh. It was revealed in the course of investigation that seven persons had hatched criminal conspiracy to commit dacoity and murder. The present applicant Amit @ Kuwar Bhawanisingh s/o Hiralal Varma was arrested on 28-5-2008 alongwith co-accused by Special Task Force ( Utter Pradesh) and later handed over to Lakadganj Police Station, Nagpur. It is also contended that investigating agency had seized incriminating articles from the spot and statements of nine witnesses were recorded under Section 164 of the Criminal Procedure Code 3 before the Special Judicial Magistrate First Class, Nagpur. As against applicant, it is specifically contended that he was identified by injured witness Shailesh Lakhotiya as one of the culprit and a country made pistol was discovered at the instance of applicant pursuant to statement recorded under Section 27 of the Indian Evidence Act. Furthermore; the material collected during the investigation also indicated that the present applicant was in telephonic communications with other co-accused. Some mobile phones have also been recovered in the course of investigation. In the Post Mortem Note, it was revealed that deceased Suresh died due to injury to the vital organ as a result of fire arm injury, deceased Sushil died as a result of shock and hemorrhage due to fire arm injury to the vital organ. Thus it is contended that it was broad day light dacoity as also a double murder and therefore, sensitive case with direct as well as circumstantial evidence of the involvement of the present applicant is indicated at least prima facie at this stage. The Investigating agency has also collected some important materials in the course of investigation regarding DNA 4 Profile of Saliva detected seized in the course of investigation with DNA Profile of present applicant found identical. DNA Profile of sweat detected on dupatta seized in the course of investigation were also found matching with DNA profile of applicant. The bail application is objected on the further ground that the present applicant was arrested from Utter Pradesh by Special Task Force, therefore, has no fixed residence anywhere in Maharashtra. He is likely to abscond considering possibility of long or extreme sentence. 3. Considering submissions at the bar and also material collected during the investigation, it does appears prima- facie that the nature of offence is very serious and material is also indicating prima facie his involvement in crime as alleged with possibility of long or extreme sentence in such case and also considering that applicant was arrested in Utter Pradesh. Plea of bail lacks merits and has to be rejected. Hence bail application is rejected. 4. However it is expected that the trial Court shall 5 endeavour to dispose the sessions case as early as possible. JUDGE adgokar