1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.639 OF 2010 Ramkishan @ Pintya Asaram Kayande and other APPLICANTS VERSUS The State of Maharashtra, RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicants. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 03/03/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release in connection with CR No.121/2009, registered in Mantha Police Station, of Dist. Jalna. 2. Heard learned counsel for applicants and learned APP for State. Perused the papers of investigation till carried out. 3. Perusal of papers of investigation shows that the said offence came to be registered on 13/10/2009 on the complaint of one Pushpabai Eknath Palwe about the incident occurred in the night between 12/12/2009 and 13/12/2009, around 00.45 hours. When 2 the complainant alongwith her children and husband were slept in their house, some unknown persons entered in their house to commit the robbery. When the inmates in the house heard the shouts, they wake up and saw 3 unknown persons there. When they raised shouts, while running away from the house, two of them assaulted the husband of complainant, who sustained grevius injury and later on succumb to death. 4. The offence was registered against 2-3 unknown persons. These applicants came to be arrested on 28/10/2009 alongwith one Pandurang Dhoke, who was arrested on 18/10/2009, but was released on bail on 29/01/2010. During the investigation, at the instance of applicant no.1, one knife with blood stains was recovered under the panchnama after disclosure statement of applicant u/s. 27 of The Evidence Act was recorded, while one axe was recovered at the instance of second applicant on 21/10/2009. The post mortem notes of the deceased discloses that there are certain injuries found on the person of deceased and from the description of those injuries, it reveals that those injuries ought to have caused by different objects, one sharp cutting instrument and second sharp but hard substance. Considering the nature of injuries found on the person of deceased, and the recovery of the articles at the hands of these applicants, their involvement in the offence can not be rulled out. 5. It is urged across the bar that now the investigation is over and charge sheet is filed on 13/01/2010, and since the arrest, the 3 applicants are in custody, they be released on bail. The question arose, while considering this prayer, if the applicants accused are released on bail, whether the witnesses of prosecution will remain safe. Considering the aspect that this murder took place in the process of committing robbery and in that robbery the applicants have used deadly weapons like knife and axe, and the deceased sustained grevious injuries and succumb to death. If such persons are released on bail, then there is no guaranty that the complainant or the witnesses of prosecution will be safe at their hands. No case made out to release the applicants on bail. Application sans any merit hence rejected. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.639-10