1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2728/2009 (Vasant Pundaji Bodkhe vs. State of Maharashtra) --------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... CORAM: A.P. BHANGALE,J . DATED: 06 th August, 2009. 1. Heard Mr V G Wankhede , learned counsel for the applicant and Mr Anup Parihar, learned APP for the Respondent-State. 2. By this application, the applicant prayed for grant of bail in connection with Crime No. 221/2008 dated 12.10.2008 registered at Risod Police Station, Washim. According to the learned Advocate, the applicant is an agriculturist and Karta of the family and due to his judicial custody, he is facing immense hardship for want of bail. He prayed for grant of bail and also undertakes to abide by the conditions that may be imposed upon him. It is also contended on behalf of the applicant that the other co-accused persons have been released on bail by this Court vide order dated 24th April, 2009 in Criminal application No.1045/2009. 3. I have perused the order the copy, which is annexed as Annexure and perused the papers. It was specifically noted that there is no active overt part on the part of the applicants to hit Shahaji who were released on bail. 4. Earlier, it appears that present applicant had moved the learned Additional Sessions Judge-I, Washim on 3.7.2009 in Sessions Trial No. 16/2009. Bail application by this applicant -Vasanta Bodkhe was dismissed by a reasoned order. 5. Bail is vociferously objected on the ground that the present applicant has been attributed with specific role inasmuch as at the time of the incident that he took out the knife and gave stab blows on the 2 deceased. In the course of investigation at the instance of the present applicant, it appears that blood-stained knife was discovered which was referred for expert opinion to the Forensic Science Laboratory which indicated that human blood was detected on the blood of the knife. The post-mortem notes also indicated that Injury Nos. 10, 11, and 12 were concerned with stab injuries indicating that stab blows were given near left lumber region, abdominal region as cut intenstine came out through umblical, thus, indicating that stab blows were given on vital part of the body. The opinion as to death was due to haemorrhagic shock due to multiple injuries over body and injury to major organ- left kidney and intra abdominal bleed. 6. Looking to the material collected during the course of investigation learned APP strongly objected to grant of bail. Considering that the applicant has played main role in commission of the crime ; so also the nature of evidence against him and circumstantial evidence, I am not inclined to grant bail. Bail application is rejected. However, the trial Court is expected to hear the case as early as possible. It is made clear that the observations made in this order shall not be construed as expression of opinion on merits of the case as trial Court will have to appreciate and examine the evidence on its own merits and in accordance with law. JUDGE. sahare