cra882.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.882 OF 2011 IN CRIMINAL APPEAL NO.111 OF 2011 Govind s/o Mulchand Rathod, Age-32 years, Occu:Labour, R/o-Kumbhari (Kh.), Tq-Jamner, Dist-Jalgaon. ...APPLICANT. VERSUS 1) The State of Maharashtra, Through P.I. Pahur Police Station, Tq-Jamner, Dist-Jalgaon. ...RESPONDENTS. ... Smt.Monica Purnapatre Advocate h/f. Shri. S.S. Patil Advocate for Applicant. Shri.K.G. Patil, A.P.P. for Respondent - State. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 31ST MARCH, 2011. PER COURT : 1. Heard learned counsel for the parties. cra882.11 2 2. This is an Application filed by the Applicant for releasing him on bail during pendency and final disposal of the Appeal. 3. In Sessions Case No.25 of 2009 by Judgment and order delivered by Additional Sessions Judge, Jalgaon on 28th January, 2011, the Applicant was convicted for the offence punishable under Section 397 of Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. The Applicant was convicted for an offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.2000/- (Rupees Two Thousand) and in default to suffer rigorous imprisonment for three months. The Applicant was convicted for an offence punishable under Section 201 of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.500/- (Rupees Five Hundred) and in cra882.11 3 default to suffer rigorous imprisonment for one month. All the substantive sentences were directed to be run concurrently. 4. The prosecution case in brief, is that the Applicant and deceased Pramilabai were resident of same village Kumbhari Kh. Tq. Jamner, Dist-Jalgaon. On 11th November, 2008 Pramilabai was found dead in her house. There were severe injuries on her head. Her two silver bangles were missing. The police started investigation. Two silver bangles were seized from a gold-smith PW-7 Shankarlal Jain, who stated that those bangles were sold to him by the Applicant. After conducting the investigation, the police arrested the Applicant on 17th November, 2008. The defence of the Applicant is of total denial. 5. The learned counsel appearing for the Applicant submitted that there is no evidence against the Applicant to connect him with crime. cra882.11 4 The chain of circumstances is not complete. The Applicant is innocent and he has been convicted without there being any cogent evidence. Merely on the basis of recovery of two silver bangles, the Applicant was convicted, in absence of any reliable evidence. 6. The learned A.P.P. submits that two silver bangles which were missing, were recovered at the instance of the Applicant. There is strong circumstantial evidence against the Applicant. The deceased Pramilabai was assaulted brutally. Two silver bangles which were used by the deceased, were recovered at the instance of the Applicant. 7. Though the learned counsel for the Applicant points out that there are discrepancies in the evidence, but prima facie there is strong circumstantial evidence against the Applicant. The silver bangles which were missing, were recovered cra882.11 5 at the instance of the Applicant. The Applicant is involved in serious crime. The deceased was brutally assaulted. The Applicant was in jail during trial. Considering the prima facie case, we are not inclined to release the Applicant on bail. Though this Court is hearing Jail Appeals of the year 2009, hearing of the Appeal is expedited. The Application is rejected. [T.V. NALAWADE,J.] [NARESH H. PATIL,J.] asb/MAR11/cra882.11