1 ba284.11.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.284 OF 2011 Mohammad Shabbir Akbar Shaikh. ..Applicant. v/s. State of Maharashtra ..Respondent. Mr. Kuldeep S. Patil, advocate for applicant. Mrs. P.P.Shinde, APP for State. CORAM:- M.N.GILANI, J DATED :- APRIL 1, 2011. P.C. 1. The applicant is an accused in Sessions Case No.87/2010 pending before the Sessions Judge, Raigad, Alibag. He has been charged with the offence punishable under section 302, 201 of I.P.C. The allegations are that he has committed murder of his wife Nasreen and his 4 months’ son Gulam. 2 On 5/3/2010, the accused lodged report of missing of his wife and son. He stated in his report that his wife alongwith 4 months’ old son left his house in the night of 3/3/2010 and thereafter did not return. 3 On 4/3/2010 at the outskirt of village Bhoirwadi and by the side of road, dead bodies of Nasreen and Gulam were spotted by the villagers. Information of this was given to Karjat Police Station. Bodies were sent to post-mortem examination. Injuries by sharp weapon were found on the persons of both the deceased. Medical Officer opined that both died homicidal death. 2 ba284.11.sxw 4 The applicant had moved the learned Sessions Judge for grant of bail. The learned Sessions Judge vide order dated 27/10/2010 rejected the bail application after observing that there exists prima facie case against the applicant-accused. The learned Sessions Judge made mention of recovery of incriminating articles at the instance of the accused. On these articles human blood stains were noticed. Blood stained knife was also recovered at the instance of the accused. Aggrieved by the order of rejection of his bail application, jurisdiction of this court is being invoked. 5 Apart from the incriminating circumstances noted by the learned Sessions Judge there are few more circumstances. According to the applicant-accused his wife and son were found missing since the night of 3/3/2010. He lodged report on 5/3/2010. The statements of relations of Nasreen recorded by the police reveal that they were totally unaware of missing of Nasreen right from 3/3/2010. Only on 13.3.2010 they learnt about the incident from the Karjat Police. Conduct of the accused in hiding fact of missing of the deceased from her parent is relevant. 6 In the light of these circumstances, prayer for releasing the applicant/accused on bail is rejected. (M.N.GILANI, J)