FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2160 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Kiran M.Nagarkar, Adv., for the applicant. Mr. K.M.Suryawanshi, AGP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 24/7/2009 P.C.:- 1. Heard learned Counsel. 2. The accused, in custody from Sept.,2008, in Crime No.155/2008, registered at Degloor Police Station, for an offence under Section 302 of IPC, seeks to enlarge him on bail. 3. Mr.Nagarkar contended, the report of Sitaram s/o Sayanna Gangalwar, Police Patil, is of no avail to the prosecution. The information and subsequent FIR by the Police Patil is hearsay. The information received to Sitaram was not direct,it was also from other two villagers. There is no eye witness to the incident. The accused is docile person of the village, and needs to be released on bail. 4. There are statements of witnesses implicating the accused as to his role. The seizure of blood stains apparels of the accused with injury at his hand adds to the situation of prima facie guilt of the accused. The offending weapon used, in the brutal elimination of the deceased Gyanoba, is apparent. It was the illicit relations which had its implications in the mind of accused taking the extreme step of prima facie eliminating the deceased. The statement of wife and daughter of the accused, also indicts him. In the fact situation, it cannot be said that Sitaram Sayanna Gangalwar had no occasion to see the accused. There is primary extra judicial statement of the accused, in presence of the witnesses. That apart, the dead body is found in his house, the apparels of the accused were blood stained - with injuries referred above. Consequently, no merit in the application. Bail application is rejected. (K.U.CHANDIWAL) JUDGE agp/crapln2160-09