{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2394 OF 2010 Ashish Alias Abadya Tubya Bhosale APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. P.C.Mayure, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th July 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.78/2010 registered with Parner police station, Dist-Ahmednagar for an offence punishable u/s 302 r/w 34 of the Indian Penal Code, as the applicant is arrested on 10.04.2010 and since then he is in jail. 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of investigation. 3. It appears that in this offence, after completion of the {2} investigation, charge sheet has been filed on 01.06.2010 before JMFC, Parner and numbered as RCC No.91/2010. 4. It appears that this offence came to be registered in respect of an incident which has occurred at about 3.00 a.m. on 10th April 2010. It is alleged that in the said incident, husband and wife, parents of the complainant are killed by some unknown persons. It is alleged that the family of the complainant is engaged in a business of hotel cum dhaba. It is further alleged that in the early hours on 10th April 2010, when the complainant was sleeping, he came to know that his parents are killed by some unknown persons and hence he reached at the spot and noticed that his parents were lying in pool of blood outside his house. Consequently, the complaint came to be lodged. After receipt of the complaint, when the police started combing operation, the applicant and 5 other came to be arrested. It is informed that at the instance of the applicant weapon of assault, i.e. one iron rod is recovered while at the instance of other accused clothes smeared with blood are recovered. It is alleged that the present offence is committed by the applicant and others after they had committed a robbery and murder in the house of Dattu Dhavale. 5. Learned counsel for the applicant has urged that since the date of arrest i.e. 10.04.2010, the applicant is in jail and now the investigation is over and nothing incriminating has been recovered at the instance of the applicant and hence, he be {3} released on bail. 6. The application is opposed by the learned APP. 7. As discussed herein above, it is clear that this offence is committed by the applicant within a span of 30 minutes after he and co-accused committed dacoity in some other house for which an offence at CR No.80/2010 is registered with Parner police station itself. In the said offence wife of the complainant has expired. In the present offence also, two old aged persons, husband and wife, are killed at the hands of the applicant and other accused. Though 5 persons are arrested in these two offences, yet two are still absconding. Apart from it, the applicant and others are arrested within hours of the alleged incident in which three persons have lost their life including two ladies. In the premise, the applicant does not deserve any leniency. In the result, the application, sans merits, stands rejected. [A.V.POTDAR, J.] drp/B10/criapln2394-10