sat 1 cri.appln 1251-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1251 OF 2011 Mr.Sanjay Dagadu Ranapise ...Applicant vs. The State of Maharashtra ...Respondent Mr.R.U. Singh for the Applicant. Mrs.A.A. Mane, APP for the State. CORAM : M.L. TAHALIYANI, J OCTOBER 7, 2011 P.C :- 1 The applicant is facing trial for the offences punishable under Section 302 read with 34 of IPC and Section 397 of IPC registered with Borivali Police Station vide CR No.84/2011. He is also charged for the offence punishable under Section 452 of IPC. 2 It is alleged that he along with two juveniles, in conspiracy with them, had committed housebreaking at the house of the deceased. One of them had committed theft of cash amount and two mobile phones. At the same time and place, they had also committed murder of the deceased. The cause of sat 2 cri.appln 1251-2011 death was “Haemorrhage and shock due to cut throat injury with Head Injury (Unnatural).” The evidence against the applicant is that the mobile phone found in his house was belonging to the deceased. The deceased was using mobile phone no.9833282571. Documentary evidence has been collected from the Nodal Officer of concerned mobile company. The call data record collected by the Investigating Officer indicates that sim card bearing mobile no.9833282571 was used in telephone instrument having IMEI No. 355220030159730. This particular IEMI number is the same number found on the mobile handset (instrument) recovered from the house of the applicant. 3 It is true that the prosecution is banking heavily on this piece of evidence. Though this piece of evidence appears to be very small piece of evidence but it cannot be ignored that it is one of the strong pieces of evidence. Considering the fact that the deceased was senior citizen and was staying alone and considering the rising graph of such incidents in the city, I am of the considered view that the applicant cannot be granted bail on merits as well as in public interest. At the same time, it is noted by me that the cases of 2011 are being taken up for final hearing in the Sessions Court, Mumbai. As such the case of the applicant is likely to be heard very soon. Hence, I pass sat 3 cri.appln 1251-2011 the following order :- “ The application stands rejected. However, the trial court is directed to take up the case for framing of charge and recording of evidence on 14th November, 2011 and decide the same within a period of thirty days thereafter.” (M.L. TAHALIYANI, J.)