1 cri­appa­831­10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 831 OF 2010 IN CRIMINAL APPEAL NO. 792 OF 2010 Ashok @ Vijay Vitthal Bhosale ..Applicant Vs. The State of Maharashtra ..Respondent .... Mr. A.G.Toraskar Adv. (appointed) for the applicant Ms. P.H.Kantharia APP for State .... CORAM : SMT.RANJANA DESAI AND SMT.V.K.TAHILRAMANI, JJ. DATE : JULY 23, 2010 ORAL ORDER [ PER SMT. V.K.TAHILRAMANI,J.]: 1 The applicant has been mainly convicted under Section 302 of the IPC and sentenced to imprisonment for life. He has preferred this application through jail praying that he may be released on bail on merits and on medical grounds. His prayer for release on medical ground has already been rejected by order dated 16.7.2010. Today his prayer for bail on merits is being considered. 2 The prosecution case as stated by PW 1 Indu is that she is 2 cri­appa­831­10 the mother of deceased Harish. Harish was deaf and dumb. At the time of the incident, his age was around 15 years and he was residing in the hostel for deaf and dumb children at Manewadi. PW 1 Indu knew the applicant. Husband of PW 1 Indu was driver. Her husband was addicted to liquor. Indu met the accused in the house of one Babita and accused assured her that he would change the behaviour of her husband. Slowly a love affair developed between Indu and the accused. Thereafter, the accused started demanding that she should marry him. Accused threatened her that if she did not marry him, he would cause harm to her children. 3 On Saturday, Indu received a phone message from the accused that her son was in his custody and how she could go back to her husband. The said phone call was received on the mobile of her neighbour by name Rani. She noted the phone number. She immediately called up the hostel and spoke to the teacher PW 6 Sharad Phalake and asked whereabouts of her son. The teacher informed her that on the earlier day his maternal uncle (Mama) took her son with him. She then went to the school. She searched for her son. But she could not find her son hence, she went to police station at Satara. Thereafter, the police showed her dead body of her son. 3 cri­appa­831­10 4 To corroborate the version of Indu, the prosecution has examined PW 6 Sharad Phalake. He stated that in February, 2008 he was looking after the duty of in charge of Superintendent of the hostel for deaf and dumb children at Manewadi. On 24.2.2008, he received phone call from Indu i.e. mother of Harish enquiring about health of Harish. She also asked him to talk to `Mama ’ then he had talk with `Mama ’. `Mama ’ enquired about Harish. On 26.2.2008, he received a telephone call from `Mama ’ who enquired about Harish. Thereafter, on 28.2.2008 he again received telephone call from Mama who stated that he was coming to Satara and whether he would send Harish with him for the purpose of treatment. PW 6 agreed to send Harish with `Mama ’ for treatment. Accordingly, at about 5 p.m. `Mama ’ came to the hostel and told Sharad Phalake that he is Mama of Harish and he has come from Pune and he gave his name as Rajendra Mahadeo Gaikwad. PW 6 identified the accused as the said `Mama ’. When the witness called Harish, Harish happily recognized him and went to him. The accused had brought Parle biscuits. The accused told PW 6 that he wanted to take Harish with him for treatment and he would bring back Harish next day at 5 p.m. PW 6 gave one shirt and biscuits to Harish in his school bag. He took entry in the hostel register. The accused 4 cri­appa­831­10 signed the said register. Witness has identified signature (Exh.34) on the said register. Witness has also identified Mama as the said person who came to the hostel and gave his name as Rajendra Mahadeo Gaikwad, in the test identification parade as well as in the Court. Thus, from the evidence of the evidence of Sharad Phalake, it is seen that it was the accused who took away the deceased with him and thereafter, dead body of the deceased was found. 5 The evidence of PW 4 Sagar shows that on 29.2.2008 the accused came to his shop and purchased a SIM Card. The SIM Card Number is 9767716998. He has identified the accused as being the same person who purchased the said SIM Card. It is pertinent to note that the telephone call was made by the accused on the phone of Rani who is the neighbour of the Indu from the very same number. 6 PW 6 Sharad Phalake who was in charge Superintendent of the hostel where Harish was studying, has stated that when the accused came to take Harish, this witness packed one shirt and biscuits in the school bag and gave the same to Harish. PW 2 Mahadeo is the panch witness, who has deposed about the recovery at the instance of the accused, of the school bag and other articles of deceased Harish. The 5 cri­appa­831­10 said panchnama is at Exhibit-27. These articles came to be recovered at the instance of the accused from a well. Witnesses have identified the articles of the deceased Harish. 7 Thus, it is seen that there is sufficient material to connect the accused with the crime. Hence, we are not inclined to grant bail. Application is rejected. [SMT. RANJANA DESAI, J.] [ SMT. V.K.TAHILRAMANI, J.]