1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1067 OF 2010 Machindra Sakharam Pawar ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.S. J. Salunke, Advocate for applicant. Mr.K. S. Patil, APP for respondent. ..... CORAM : SHRIHARI P. DAVARE,J. DATE : 24th March, 2010. PER COURT : 1. Heard Mr.S.J. Salunke, learned Counsel for applicant as well as Mr.K.S. Patil, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.55/2009 registered with Ashti Police Station, Dist.Jalna for the offence punishable under Section 302 of the Indian Penal Code, since he has been arrested thereunder on 27th November, 2009 and the applicant is in judicial custody presently. 2 3. It appears that the complaint came to be registered on the basis of report lodged by one Kondiba Babu Kurhade i.e. father of victim namely Pallika, who had married with applicant namely Machindra about 10 years back. The said couple has blessed with one son namely Ganesh and two daughters. It is also alleged that applicant herein threw a big stone on the head of victim namely Pallika on the fateful night during 22.11.2009 and 23.11.2009, while she was asleep at about 2:00 to 3:00 a.m. on 25.11.2009 in her father's house on the count that she was not sent to matrimonial home. 4. The learned counsel for applicant submitted that investigation has been completed and charge sheet has been filed and the entire case of prosecution is rested upon circumstantial evidence, since there is no direct evidence against the applicant. 5. However, the recovery big stone by which the victim was murdered has been recovered on the spot of the incident which is incriminating against the applicant. Moreover, the offence alleged against applicant herein is of serious nature, and therefore, 3 although the charge sheet has been filed, it is not desirable to enlarge applicant on bail. 6. In the result, the present application stands dismissed, however, liberty is granted to applicant to pray for early hearing of trial before the concerned learned Sessions Judge. (SHRIHARI P. DAVARE) JUDGE gas/cri1067.10