1 criapln2136-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2136 OF 2011 Shaikh Isaq Sk. Imrahim .. Applicant Vs The State of Maha. .. Respondent ... Shri Abdul Aziz, Adv.for applicant Shri G.R.Ingole,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 08/06/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.108/2010 registered in Gramin police station, Parli, Dist.Beed, for the offences punishable under Sections 302, 307, 120-B r.w. 34 of I.P.C. The papers of investigation were made available by A.P.P. Both sides are heard. 2] The report is given by Mahesh- eye witness of the incident. He owns a 4-wheeler which is used as Taxi. The incident took place on 25/8/2010. He had taken the 2 deceased from their village towards 2 criapln2136-11 Parli. The statements recorded by police show that accused Hamid has a son by name Abed. In the past, there was a talk of giving in marriage a daughter of deceased couple to Abed, but Abed married with another girl. After the marriage, Abed became sick and then Abed and his father started thinking that something like black magic was done to Abed as he did not marry with daughter of this couple. Due to this belief, this couple was called from their village. 3] The couple had gone there to help Abed and his family and the record collected by police shows that this couple gave some money also to Hamid for treatment of Abed. Hamid had started traveling in the same taxi with the couple and there was one motor cycle ahead of the taxi. The present applicant was sitting by the side of the driver- the first informant. After reaching the Ghat portion-Dharmapuri Parali road, Hamid all of a sudden started assaulting the couple with knife, then the applicant who was sitting by the side of the first informant, gave blow of knife on the neck of the first informant-Mahesh. With the belief that all the 3 persons were finished, the assailants and the persons on the motor cycle, left the place. Fortunately, some people living near the Ghat portion noticed that Mahesh was seriously injured. Then Mahesh was shifted to hospital and he could be saved. There are statements of said witnesses also. Photograph of the present applicant was shown to Mahesh and he identified the present applicant from the photograph. 3 criapln2136-11 4] It was submitted for present applicant that at the most, present applicant committed the offence punishable under Section 307 of I.P.C. and he had not attacked the deceased couple. At this stage, this submission cannot be accepted. The papers like post mortem report show that throat of the lady was cut and many stab wounds were caused to the lady also. Four stab wounds were found on the person of present applicant. When this Court dictated this portion of the order, Advocate for the applicant submitted that if this Court is not inclined to grant bail, permission may be given to withdraw the present application. When extensive arguments are already heard and both sides have argued on merits, at this stage, such submission cannot be considered. Advocate for applicant has cited one case reported in AIR 1984 S.C. 372 [Bhagirath Judeja V/s State of Gujrat]. It is observed by the Supreme Court in this judgment that at the time of consideration of bail, the Court should consider that the accused cannot be detained by way of punishment. There is no dispute about this proposition. 5] The material collected by police is sufficient to make out prima facie case for offence of murder of the 2 persons against present applicant and Hamid and others and Section 34 of I.P.C. can be prima facie used against the present applicant. Brutal murders were committed and there is clear possibility that there will be danger to the life of the only eye witness, if the present applicant is released on bail. 4 criapln2136-11 There is also possibility of tampering with the prosecution witnesses. In view of these circumstances, bail cannot be granted to the applicant and so application stands rejected. These observations are only for the purpose of bail application and these observations will not come in the way of the trial Court while deciding the case. [T.V.NALAWADE,J.] umg/criapln2136-11