1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5676 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mrs. Pranali Kakade for the applicant. Mr. J.P. Kharge, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 19TH JANUARY 2010 P.C. : 1. By this application, the applicant seeks bail in connection with C.R. No.110 of 2009 registered at Narayangaon Police Station, District Pune. The alleged offence is punishable under section 302 of the I.P.C. 2. The prosecution case is that the applicant along with two other co-accused committed the murder of an elderly priest and his wife by 2 entering into their house. Motive for the murder was to rob the gold ornaments worn by the wife of the priest and other valuables in the house. Two bail applications made by the applicant before the Sessions Court have been rejected. Hence, the applicant has approached this Court for bail. 3. I have perused the documents annexed to the application. The murder of two aged and helpless persons was committed. Considering the gravity of the offence and the prima facie material available against the accused including the applicant, in my view, the applicant cannot be granted bail. 4. Learned counsel for the applicant submitted that there was recovery of gold ornaments from the co-accused, but no ornaments were recovered from the applicant and therefore there is no prima facie material against the applicant. True, the ornaments 3 were not recovered from the applicant, but a statement of gold-smith was recorded, who has stated about the sale of gold ornaments to him. His evidence would have to be appreciated by the Sessions Court at the stage of trial. At this stage, it cannot be said that there is no material against the applicant. 6. In the circumstances, the application is rejected. (D.G. KARNIK, J.)