1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 71 /2010 [Santosh s/o Haribhau Jagtap vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. R J Mirza Adv. for applicant Mr A S Fulzele APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 3, 2010. Heard learned Counsel appearing for respective parties, at length. Perused the papers. 2. By means of this application, the applicants are seeking bail in connection with Crime No. 74/2009 reported at Amravati Police Station on 24th August 2009 for offence punishable u/ss. 302, 307 read with section 34 IPC, by Shubham Pramod Deshmukh who had lodged a complaint regarding the incident of murder and an attempt to commit murder. The names of the applicants are enlisted in the FIR as alleged offenders. It appears case of the first informant -Shubham that there was accusation against him in respect of alleged murder of Shravan Shaym Mote (brother of Suraj Shyam Mote and Neeraj Shyam Mote). According to first informant, the accused who were armed with weapons, such as, axe, steel rod etc. came to his house. The applicant Santosh gave a steel angle blow on his wrist due to which he sustained severe injuries. His father tried to 2 intervene and at that time taking advantage, Santosh took to his heels (later reported to Police); while Ashvini, sister of the first informant had witnessed the incident of murder. According to her, Santosh Jagtap, Suraj Mote and Neeraj Mote were armed with weapons such as, axe, iron rod etc. and they had first injured Subham, thereafter, when his father tried to intervene in order to save Shubham, he too was assaulted. In the result he received injuries and died while the accused fled away. Thus,the accusations appear to be serious and the applicants were involved in the offence of alleged murder as well as an attempt to commit murder in furtherance of their common intention. A quick dekko at the PM notes would reveal that the deceased had sustained a total of five injuries including on the vital party of the body; whereas the probable cause of death is mentioned as haemorrhagic shock with head injury while viscera was preserved for chemical analysis. Moreover, it appears that the previously learned Additional Sessions Judge, Amravati by order dated 5.1.2010 rejected the prayer for bail of these applicants. Prima facie accusation are very serious punishable with death or life imprisonment and considering that first informant was juvenile who must have been released on account of the fact that he is a juvenile. In order to wreak vengeance of murder allegedly committed by the first informant the attack appears to have been launched against him ; however regrettably enough an innocent 3 person, the father of the first informant, was brutally killed. For the reasons aforesaid, the Application is rejected. 3. Needless to state that the observations recorded herein-above are only confined to this bail application. The Court below shall not import any observation /comments in the body of this order for being applied to the decision in Sessions case. The Sessions Court shall endeavour to decide the sessions case as fast as possible. JUDGE sahare