1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.202/2011 ( Ajay alias Anand s/o Ganesh Giri ..Vs.. The State of Maharashtra, through P.S.O. Palandur, Distt. Bhandara ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.G. Karmarkar, Adv. for applicant. Mr. V.A. Thakre, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATED : 14.7.2011. 1. This is an application for releasing the applicant on bail against whom Sessions Trial No.81/2010 is pending on the file of learned Additional Sessions Judge, Bhandara for the offences punishable under sections 392, 379, 302, 201 read with 34 of the Indian Penal Code. 2. One Vikas Bhure, a moneylender by profession and resident of Bachewadi, on 17/8/2010 was done to death. The incident occurred on way between Bachewadi to Palandur. At the time of incident he was carrying cash amount and ornaments. The cash amount and articles were removed from the possession of the deceased. 3. The applicant was arrested on 29/8/2010. The application moved by him for his release on bail was heard by learned Additional Sessions Judge, Bhandara. After considering the material collected against the applicant, he rejected the application. 2 4. No doubt, the case against the applicant is based on circumstantial evidence. The circumstances are the recovery of gold ornaments, cash and the discovery of the wooden handle which was used in assaulting the deceased. 5. Learned counsel for the applicant contended that evidence collected against the applicant is very week and also fabricated. 6. While in the custody of the police on 31/8/2010, the applicant made disclosure statement that he would point out gold chain, gold ring, gold Mangalsutra, gold nose ring, gold tops, three pieces of gold ring and cash amount of Rs1,800. It is the case of prosecution that these articles have been identified by the persons (debtors) who had pledged these articles with the deceased. On 1/9/2010 the applicant again made disclosure statement which resulted in recovery of the broken wooden handle which had blood stains, particularly, at the place where it was broken. 7. The evidence appearing against the applicant, although circumstantial in nature, points out his involvement in the crime and therefore, learned Additions Sessions Judge was right in rejecting his bail application. The contention that the discovery memorandum is a fabricated document cannot be considered at this stage. 8. Application is rejected. JUDGE Tambaskar.