1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO 2723/2009 (Rashtrapal Shrikrishna Jadhav vs. State of Maharashtra ) --------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... Mr S K Sable, Adv. for applicant Mr Adgaonkar, APP for Respondent-State CORAM: A.P. BHANGALE,J. DATED: 12 th August, 2009. Heard learned counsel for respective parties, at length. 2. By this application, the applicant prayed for grant of bail in respect of Crime No.22/2009 reported under section 498-A, 307, 302, read with section 34 IPC. Learned Advocate for the applicant prayed for grant of bail on the ground that Sandip Herole, one of the accused was granted bail on 13.5.2009 in Misc. Cri. Applm No.314/2009 and claims parity. Perused the order referred to as Annexure 4 on the ground that in the dying declaration, the name of the person is Becha Herole and not Sandip Vithal Hirole. In the absence of material to identify Sandip Herole as the same as Becha Herole, anticipatory bail was granted relying upon the certificate issued from Sarpanch of village Ural that Sandip Vithal Herole was never known as “Becha”. Therefore, the present applicant against whom specific material is available in evidence in the form of dying declaration, the victim imputing that the present applicant along with Rahul Wankhede and Becha Hirole had assaulted, poured kerosene, and burnt her. The dying declaration was recorded by Executive Magistrate, Akola after the Doctor certified the victim was conscious, well-oriented and fit to give statement. In the detailed dying declaration also, the presence of the applicant appears specific at the time of the incident imputing that Rashtrapal Jadhav and Becha Herole and her husband prevented her from going out of the house; while kerosene was poured on her and match 2 stick was lighted and thrown at her. Further it appears that the applicant along with Becha Herole and Rahul Wankhede ran away from the spot. In view of this material collected during the investigation, it cannot be said that the applicant is likely to be acquitted of the serious accusations. Chances of long sentence and life imprisonment or death sentence in such cases, may impel the applicant to tamper with the prosecution evidence or to abscond. Considering the prima facie strong case against the applicant, I am not inclined to grant benefit of bail. Earlier also, by a reasoned order, the learned Additional Sessions Judge, Akola in Misc. Cri.,Application No.425/2009 rejected the bail on merits in respect of the this applicant. 3. For the reasons aforesaid, Application is rejected. However, the trial Court is directed to expedite the hearing of the trial as early as possible. Parties to cooperate. JUDGE. sahare