1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 214 OF 2011 IN CRIMINAL APPEAL NO. 20 OF 2010 (Shatrughna s/i Shripat Nimbalkar vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R.K. Tiwari, Advocate for the applicant. Shri T.A. Mirza, APP for the respondent. ….. CORAM : MRS. V.K. TAHILRAMANI & M.L. TAHALIYANI, JJ. APRIL 20, 2011. Heard Shri Tiwari, learned counsel for the applicant – original accused and Shri Mirza, APP for the respondent. The applicant has been convicted under Section 302, 364 and 201 read with 34 of Indian Penal Code. The applicant is now seeking bail. The prosecution case is that the applicant kidnapped Shubham Fundkar on 28.08.2004 and thereafter brutally murdered him. The case is based on circumstantial evidence. The evidence consists of 1) “last seen” which has been deposed to by P.W. 4 – Latabai; 2) Non explanation by the applicant as to when and where he parted company with deceased Shubham; and 3) The applicant was missing from his house soon 2 after the incident. In addition, reliance is placed by the prosecution on the previous conduct of the accused which shows he has been involved in a similar case earlier. Looking to the evidence on record, we are not inclined to grant bail. The application is, therefore, rejected. However, hearing of the appeal is expedited. Office to get Paper book prepared expeditiously. As soon as the paper books are ready, the matter be listed for final hearing. JUDGE JUDGE *GS.