1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3304/2009. (Nilesh s/o Sambhaji Sonawane Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SV Gangapurwala, Advocate for Applicant; Mrs.BR Khekale, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 5 th October,2009. 1. Heard learned Counsel and learned APP. 2. The accused, in custody from 23rd August, 2009, in Crime No.209/2009 registered with Police Station, Parola, District Jalgaon for the offence under Section 302 of IPC, seeks bail. 3. The Counsel submits, there is belated F.I.R. without any explanation therefor. The accused/applicant is apprehended only on suspicion. The incident of June-2009 where there was some quarrel is given a colour of the accident to the homicidal death of Ujjen, aged 7 years, daughter of complainant – Devidas Bhadu Sonawane. The Counsel submits that it may be an accidental death. 4. At this stage of the matter, learned APP has provided police papers, which 2 indicate that two girls, Vaishali and Nikita have specifically informed the Investigator that it was on 15th August, 2009 the accused – Nilesh had taken the deceased Ujjen from the lunch-on programme. The acrimony though is reflected in the F.I.R. on 6th June, 2009, at this stage, that by itself will not be a ground to disbelieve the same. The belated F.I.R. is properly explained. The nature of injuries suffered by the deceased also speak volume. Father of the accused/applicant is a Police Patil. Considering these aspects, since investigation is in progress, no bail. 5. Criminal Application rejected. 6. Observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/cran3304.09