IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2891 OF 2007 CRIMINAL APPLICATION NO.2891 OF 2007 CRIMINAL APPLICATION NO.2891 OF 2007 Santosh Dunda Diwate & Another ..Applicants versus The State of Maharashtra ..Respondent Ms. Mohite Dere for the Applicant Ms.Shinde for the State CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 28th April, 2008. DATED : 28th April, 2008. DATED : 28th April, 2008. P.C. 1. The applicants are arrested in C.R.No.42 of 2006 of Junnar Police Station, Pune. Victim Santosh was found to be missing from 29.1.2006 and the applicants were the persons who came to be styled as the persons last seen with the said missing person, as he had disclosed that he is going to Kukdeshwar for meal with the present applicants. During the course of investigation, at the hands of the applicant No.1 shoes, purportedly worn by the missing person are found wheres at the instance of applicant No.2 gold ornaments owned by the missing person are found. Statement of one Mr. Pandurang Pardhi makes a reference to the present applicant No.1 Santosh Diwate and the perusal of -2- the same would go to show that the present applicant No.1 Santosh could be linked with the fact of the missing of the victim. 2. It is true that as of today charge under Section 302 of I.P.C. is not levelled against the applicants, probably because the dead body of the missing person is not traced. 3. The Court is informed that the matter is posted for framing of charge. With the aforesaid material against the applicant and the stage at which the matter is pending, I am inclined to observe that the applicants can’t be granted bail and the application for bail is required to be rejected. Hence the Order. ORDER . Application is rejected. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)