1 criapln2141-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2141 OF 2011 Rasu Bhajani Chavan .. Applicant Vs The State of Maha. .. Respondent ... Shri Joydeep Chatterji, Adv.for applicant Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 08/06/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.I-117/2010 registered in Partur police station, Dist.Jalna for the offences punishable under Sections 302, 201, 342 r.w. 34 of I.P.C. on the report given by father of the deceased. 2] The deceased had left the village on 15th September, 2010 and the dead body of the deceased was recovered from a river on 19th September 2010. The father learnt from witnesses that present 2 criapln2141-11 applicant was involved in the murder of his son and so the name of the applicant was mentioned in the F.I.R. as accused. Papers of investigation are made available by A.P.P. Both sides are heard. 3] The papers of investigation show that police have recorded statements of 2 eye witnesses like Haribhau Rathod and Anil Rathod. In their presence, the present applicant had given beating to the deceased by using a stick. The deceased was tied by using a rope while beating was given to the deceased. Post mortem report shows that there were bruices all over the body but the lungs were heavily loaded with water. Cause of death is given as Drowning with Head Injury. There is evidence like recovery of the articles like rope and stick used in the incident by accused. It was submitted for the applicant that the applicant is an aged person and he has crossed the age of 67 years. It was submitted that other accused like Dnyaneshwar is granted bail and so on the ground of parity, bail be granted to the present applicant. 4] Material collected by the police shows that there is prima facie case for offence punishable under Section 302 of I.P.C. Present applicant had given beating to the deceased. There is possibility that the deceased was unconscious when he was thrown in the water. There is charge for offence punishable under section 201 of I.P.C. also against present applicant. The 2 witnesses are in contact with the 3 criapln2141-11 present applicant and there is every possibility that they will be tampered, if applicant is released on bail. The case must be ready for trial and it is desirable that the applicant may take steps for expeditious disposal of the case. I hold that it is not a fit case for granting bail to the applicant. Application stands rejected. These observations are only for the purpose of bail application and they may not come in the way of the trial Court in deciding Sessions case. [T.V.NALAWADE,J.] umg/criapln2141-11