1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2942 OF 2009 Achut S/o Haribhau Jetnaware Versus State of Maharashtra *** Mr. A. B. Kale, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** 1. The accused in custody from 13th May, 2009 for an offence under section 302, 498-A read with 34 of Indian Penal Code, in Crime no.27 of 2009, registered at Bhada Police Station, seeks bail. 2. The counsel has a grievance against the learned Judge of not entertaining the subsequent application No.252 of 2009 in proper perspective. Counsel took me to the orders in earlier application No.172 of 2009 wherein also, according to him, the learned Judge has not assigned reasons. He submits, the order displays non-application of mind. 3. At this stage of the matter, exercising powers under section 439 Cr.P.C., I need not to advert to the contentions accelerated by the learned counsel 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. except observing, nothing contrary to record is projected in the order. 4. Learned A.P.P. invited my attention to the postmortem notes, which prima facie expose the contention of the accused. The case is clearly of a strangulation, a homicidal death. The prima facie evidence indicts the accused/ applicant. Though the accused/ applicant is in custody from 13th May, 2009 that by itself will not be a ground to claim bail as the relations / witnesses have in unequivocal terms implicated the accused/ applicant with earlier demands and making life of Sangita a miserable affair. Committing heinous crime, does not call for release. The witnesses are bound to be under threat perception. No bail. Application rejected. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:28/08/2009. ans/2942