1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 221/2010 ( Shabbirkhan Maytabhkhan Pathan vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R K Tiwari, Adv.for applicant Mr C N Adgokar, APP for Respondent-State .......... CORAM : A.P.BHANGALE, J. DATED : MARCH 2, 2010. Heard. 2 The applicant prays for grant of bail in connection with Crime No. 95/2009 registered at Ramnagar Police Station Chandrapur for offence punishable under section 302, 396, 412, 201 of the IPC. Learned Advocate for the applicant submitted that there is no material in the nature of direct evidence so as to implicate the present applicant. He also submitted that one of the co-accused Rahul Bhimrao Nimgade was granted bail in Criminal Application No.3421/2009 on 19th December 2009. 3 Learned APP vociferously objected grant of bail on the ground that the applicant is facing serious accusations and in the present case blood-stained clothes were seized from the possession of the accused. Weapon of offence was also seized. The seized articles have 2 been referred to CA ; whereas CA report is awaited. It is also alleged that that the present applicant along with other co-accused murdered Driver of the truck namely, Mukunda Sonkusare and thereafter the accused had distributed the amount after selling cement from the truck and applicant had received his share of Rs. 5000 which he utilized so as to buy a mobile phone by name “Byond” worth Rs. 4,900/- on 20.2.2009, which, immediately on next day of the incident, was seized from the applicant. It is further contended that the applicant has past criminal record in as much Crime No.115/2009 was registered at Ramnagar Police Station Chandrapur for offence punishable under sections 395, 342, 363, 364 IPC and Crime No.48/2009 registered at Mul Police Station for offence u/ss. 302, 201, 412, 396 IPC. It is contended that if the applicant is released on bail, he will indulge into similar offences. 4 Considering the fact that the CA report is still awaited in respect of the alleged incriminating material seized at the instance of the present applicant, the applicant can apply before the trial Court after CA report is received, for regular bail, on merits. At this stage, considering the serious accusations against the applicant as also the material collected in the nature of circumstantial evidence such as recovery of blood stained clothes, I decline to grant bail. According to learned APP weapon used in the offence by the present applicant was seized at the instance of another co-accused Lala @ 3 Sachin. Application is rejected. However, the applicant is at liberty to apply for bail in the trial Court after production of CA report, which is to be submitted within three months from today. JUDGE sahare