1 appa376.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.376 OF 2011 IN CRIMINAL APPEAL NO.233 OF 2007 Shivaji Shankar Ghadge .. Applicant. Vs. The State of Maharashtra .. Respondents. Ms.Pooja Thorat for the applicant. Mr.J.P.Yagnik APP for the State. CORAM : NARESH H PATIL & K.U.CHANDIWAL, JJ. DATED : 5TH JULY, 2011. P.C. 1. Heard. 2. The applicant was convicted and sentenced for an offence punishable under setion 302, 366 and 201 of IPC. He is a life convict. The application is filed with a prayer to release the applicant on bail. 3. Learned counsel for the applicant submitted that on mere suspicion the applicant was arrested and convicted. The applicant was acquitted from the charge of offence punishable under section 376 of IPC. The applicant is innocent and his past conduct is good. Learned counsel had referred to relevant portion of deposition of some witnesses in the case. 4. Learned APP submits that there are strong circumstances brought on record by the prosecution which are sufficient enough to hold that the applicant was culprit. One of the circumstance Sh 2 appa376.11 according to the learned APP was recovery of clothes of the deceased at the instance of accused. 5. We have perused the record. We find that evidence of P.W.1, 4, 6 and 7 is material. We have perused relevant portions from their depositions, post mortem report and medical evidence. The offence was committed in a brutal way. It is heinous crime. A girl child at the age of nine years was the victim in this case. We find that there are strong circumstances against the applicant emerging from the evidence. This is not a case for bail. Hence, the application stands rejected. 6. The legal services authority is directed to disburse the professional charges of the counsel for the applicant. (K.U.CHANDIWAL,J.) (NARESH H PATIL,J.)