drp {1} Cri. Application No.5206/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5206 OF 2010 Suresh Babuji Gosavi APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.J.Salunke, Advocate for applicant Mr.N.H.Borade, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 20th January 2011 PER COURT: 1. This is a second attempt of the applicant to get himself released on bail, after he had withdrawn Criminal Application No. 1721/2010. The applicant is accused in Crime No.230/2009. In the said offence charge sheet was filed before JMFC, Aurangabad, who has, after passing the necessary committal order, committed the case to the Court of Sessions, Aurangabad. 2. Heard learned counsel for the parties. Perused the charge sheet. PM report indicates that the deceased Ganesh succumbed to the stab injuries and hence it is clear that the death drp {2} Cri. Application No.5206/2010 of Ganesh is homicidal. The weapon of alleged assault is seized at the instance of the applicant after 3 days of the incident, after recording disclosure memorandum u/s 27 of the Evidence Act. The incident is allegedly witnessed by 5 persons including the parents and three neighbours of the deceased. The alleged motive behind the crime is that the applicant had suspicion that he has lost his job due to the complaint of the deceased. There is evidence of eye witnesses coupled with medical evidence, which prima facie indicates involvement of the applicant in the commission of offence u/s 302 of the IPC which is punishable with either death penalty or imprisonment for life. In the premise, no case is made out to enlarge the applicant on bail. Consequently, the application stands rejected. However, it is clarified that the trial court need not be influenced with the observations made in this order. [A.V.POTDAR, J.] drp/B10/criapln5206-10