1 1912.ba.624.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 624 of 2011 (Rahul S/o,. Raghunath Gabhne Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. E.W. Nawab, Advocate for the applicant. Mr. V.A. Thakre, APP for the non-applicant/State. CORAM : M. N. GILANI, J. DATE : 19 th DECEMBER, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant- accused on bail, against whom an offence bearing Crime No. 16/2011, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, is registered with Police Station Kelwad, District Nagpur. The incident occurred on 24/02/2011 in between 6:00 p.m. to 8:30 p.m. Rakesh is the complainant. On 24/02/2011, while he was in the house, he had learnt about his brother Sandeep lying dead on the road near the field of one Ashok. He went to the spot and saw the dead body of Sandeep lying in the pool of blood. There were incised wounds on the dead body of deceased Sandeep. On the same night, he lodged the F.I.R. The case of the prosecution is based on 2 1912.ba.624.11 circumstantial evidence. The circumstances relied upon by the prosecution are : the applicant-accused was arrested on 26/02/2011 and on the same day he was interrogated before the panchas; he disclosed that he would point out the Gupti, accordingly, he carried panchas and police near a tree in a field and after removing garbage ie. waste materials, he took out Gupti stained with blood. On the next day i.e. on 27/02/2011, a baniyan and a lower (half pant) stained with blood were seized. It was noticed that the applicant-accused had also sustained injury to his right hand finger. On 25/02/2011, he had gone to Civil Hospital at Chhindwara and took treatment. After his arrest, he was again sent for medical examination. The lacerated wound on right palm was noticed. It was opined that the injuries might have been caused 48 hours prior to the examination. The prosecution is further relying upon the evidence of enmity between the deceased and the applicant- accused over the road passing through their houses. For that there are statements of the witnesses. Thus the circumstances relied upon by the prosecution are : pre-existing enmity between the deceased and the accused; the recovery of blood stained weapon, recovery of blood stained clothes; injuries on the person of 3 1912.ba.624.11 the deceased at the time of incident matching to the time of incident. All these circumstances prima-facie point out the involvement of the accused. In that light of the matter, it would not be desirable to release the accused on bail. Application is rejected. It is clarified that the learned trial Judge while holding the trial shall not be influenced by the observations made hereinabove. JUDGE *Sdw