1 appa.1028-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1028 OF 2011 IN CRIMINAL APPEAL NO. 1261 OF 2007 Satyendra Rudal Pandit ..Applicant. Vs. The State of Maharashtra ..Respondent. ----- Ms. Ameeta Kuttikrishnan, appointed Advocate for the Applicant Mrs. Geeta P. Mulekar, APP for Respondent. ---- CORAM: D.B. BHOSALE & M.L. TAHALIYANI, JJ. DATED: SEPTEMBER 14, 2011. P.C.: 1. Heard learned counsel for the parties. 2. By this application, the applicant-original accused no.2 has prayed for bail. It appears that accused no.1 Anupkumar Ramlautan Pande alias Upadhyaya has filed separate Criminal Appeal being Criminal Appeal No.1262 of 2007 and in that appeal he had applied for bail. 2 appa.1028-2011 3. This court while rejecting the application on 7.1.2010, in para-3 had made the following observations: “It is not possible for us to accept this submission. The police had laid a trap. The applicant was caught while he was accepting money on behalf of his master i.e. accused no.2. He hold the father of the deceased child that the deceased child is with his Boss i.e. Accused no.2. It is prima facie clear, therefore, that the applicant shared common intention with accused no.2 to abduct the deceased child and accept money from his father. Prima facie the evidence of P.W. 1, father of the deceased child, inspires confidence.” 4 From the bare perusal of the observations made in the order, it is clear that the present applicant is the main accused. The body of the deceased child-Dhiraj was recovered at the instance of the present applicant. 5. Keeping that all in view, applicant's application for bail is rejected. 6. Criminal Application is disposed of. (M.L. TAHALIYANI, J.) ( D.B. BHOSALE, J.) 3 appa.1028-2011