1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2699 OF 2009 (Sanjay @ Pintya s/o Kisan Kekal vs. The State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.G.Mete, Adv., for the applicant. Mr. P.M.Shinde, APP for respondent. ... CORAM: K.U.CHANDIWAL, J. DATE: 11/8/2009 P.C.:- 1. Heard learned Counsel extensively. 2. Deceased Mangala alleged had illicit relations with the accused/applicants. She has, out of such relations, developed three months' pregnancy, though unmarried. Deceased and the accused were warned by the parents, not to have meetings or relations. In the night of 27th March, 2009, there was phone call from accused No.1 based on which 2 Mangala left her parental house, intimating her mother and brother Ravi about such call by accused no.1 and to come back soon. However, the unfortunate parents, on 28th March, 2009,at early morning learnt of Mangala lying dead in the field of one Madhukar. Initially, the matter was reported to Police, presuming it to be an accidental death; on the next day, the father lodged report, showing concern and also pointing finger to the accused/applicant to be responsible for eliminating Mangala. 3. The post mortem was carried. The Medical Officer has reserved his report for want of viscera analysis. However, certification indicates that the death could be either by rape or by virtue of strangulation or by poisoning. 4. The inquest indicates, there were bruises or injury marks on the dead body, poisonous substance was oozing from her 3 nostrils, she was found in abandoned stage at the field. 5. The Counsel informs that the accused are young persons, they are falsely implicated. Learned Judge, while rejecting the application, was more weighed by withdrawal of the earlier application, which could not be a ground to do so. The Counsel further argued that there is no evidence to connect the accused/applicant with the heinous offense. The complainant's report is hearsay as he had no occasion to know about illicit relations of the daughter with the accused persons. 6. At this stage of the matter, the statements of the two witnesses indicate that it was at the instance of the accused, Mangala left parental house, to result stab injuries and to breath her last. That apart, illicit relations are highlighted by him and also by brother Ravi. The accused also hails from the 4 same village. Inspite of warning, they did not mend their ways and continued the affair. At this stage of the matter, the young age of the accused, by itself, will not be a parameter to enlarge them on bail. There is prima facie evidence against the accused showing their involvement. The observations of the learned Judge, rejecting the bail application, could not be said to be weighed only on the basis of withdrawal of earlier application. Present application is rejected. (K.U.CHANDIWAL) JUDGE ... agp/2699-09crapl