Cri. Apln. No. 2428/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2428 OF 2011 Vishal s/o. Gautam Walwante ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. S.S. Choudhari, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 4th July, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 38/2011 registered with Bhagyanagar Police Station, Nanded for offence punishable under section 302 r/w. 34 of the Indian Penal Code. Papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by father of the deceased. The deceased had left home on 8.2.2011 in the evening time after taking amount of Rs. 50/- for expenses. After that he was not seen alive by his father Maroti. The statement recorded by police shows that one Pravin Ratnaparkhi was in the company of deceased and the present applicant on that day and he had left them at open space situated near Cri. Apln. No. 2428/2011 2 Mangal Karyalaya where deceased, present applicant were taking liquor. The statement of Anil shows that present applicant known as Jaki and he used to remain in the company of the deceased. PM report shows that more than 21 injuries were present on the dead body which were mainly abrasions and contusions. Many injuries were on the face. Death took place due to shock due to multiple injuries. The APP submitted that stick is recovered on the basis of statement given by the present applicant under section 27 of the Evidence Act on 10.2.2011. Thus, there is evidence of last seen against the present applicant. The witnesses are mainly the friends of applicant. This material is sufficient to make out prima facie case against the applicant under section 302 of the Indian Penal Code. There is clear possibility of tampering with the prosecution evidence, if the applicant is released on bail. There may also be danger to the life of the witnesses in case of such release. So the application cannot be allowed and the application is rejected. [ T. V. NALAWADE, J.] ssc/criapln2428/11