1 crap3389.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3389 OF 2011 Rijwan Rafik Pinjari, aged 23 years, occ. Labourer, r/o Taloda, Tq. Taloda, Dist. Nandurbar, presently r/o Shriram Nagar, Nandurbar, Tq. & Dist. Nandurbar ...Applicant (Orig.Accused) VERSUS The State of Maharashtra ...Respondent ..... Shri C.R.Deshpande, advocate for applicant Shri D.R.Korde, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 24th August, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose, as well as heard respective learned counsel for the parties finally. 2 crap3389.11 2 The applicant preferred present application seeking regular bail, in connection with C.R. No. 179 of 2010, registered at Nandurbar Town police station, District Nandurbar, for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of complaint lodged by one Mr. Shaikh Mushtak Shaikh Gafoor i.e. father of the victim, namely Shaikh Abrar on 7.11.2010. 4 It appears from the contents of the first information report and the investigation papers that Shaikh Abrar, who was running the business of repairing Invertors at Nandurbar and juvenile accused Ujama were engaged with each other in April, 2009 and their marriage was to take place on 7.11.2010. It also appears that few days prior to the incident, which occurred on 6.11.2010, Shaikh Abrar was receiving phone calls from one Danish, and therefore, Shaikh Abrar used to be under tension. The investigation reveals that Ujama, while studying in 11 th and 3 crap3389.11 12 th standards in Anglo Urdu School at Chopda, came in contact with one Asif and fell in love with him. Although Ujama was engaged with Shaikh Abrar on 14.4.2009, she did not approve him, but entered into engagement with him due to pressure of the relatives, and accordingly, her marriage was fixed with Shaikh Abrar, which was scheduled on 7.11.2010. Hence, Ujama contacted Asif. However, Asif expressed his inability to marry with her due to his family problems. However, Asif gave telephone number of applicant, namely Rijwan to her. Accordingly, Ujama contacted the applicant, who was the friend of Asif. It is alleged that the applicant assured Ujama for cancellation of her marriage with Shaikh Abrar. It also appears that said Ujama fell in love with applicant herein and they met each other and their love affair was developed. She contacted the applicant on 1.11.2010, 3.11.2010, 4.11.2010 and 5.11.2010 again and again, seeking intervention for cancellation of the her marriage with Shaikh Abrar. Applicant assured her that she be rest assured and he would do her work. 5 On 6.11.2010 at about 4.30 p.m. to 4.45 p.m., when Shaikh Abrar along with his friend Riyazkhan was proceeding to 4 crap3389.11 Masjid for offering Namaj, he received phone call from Danish on his mobile No. 9021566993 and he was called at the Railway Station. In response, Shaikh Abrar told him that he would offer Namaj and thereafter would come to Railway Station. Accordingly, after offering Namaj, Shaikh Abrar went on his motor cycle bearing No. MH-18/Q-4851 towards Railway Station, but thereafter did not return. As he was not responding to his mobile, his relatives made hectic search for him at Nandurbar, but he was not found, but on the next day i.e. 7.11.2010 at about 9.30 a.m. his dead body was found at Kevada ground near Railway Station at Nandurbar. On verification, it appeared that there were severe injuries on his skull, as well as there were blood stains, pieces of wood, big stone of cement concrete and some chilly powder were found on the spot. His mobile bearing afore said number was found in his pocket and his motor bike was there. Accordingly, first information report was lodged on 7.11.2010 at 10.15 a.m. and crime was registered at C.R. No. 179 of 2010 as afore said. 6 The investigation revealed that three witnesses have seen deceased Shaikh Abrar going along with applicant Rijwan 5 crap3389.11 on motor cycle from Railway Station towards A.P.M.C., Nandurbar on 6.11.2010 in the evening. The said three witnesses are, namely (1) Mohd. Sajid Shaikh Abdul Hai, (2) Najiyoddin Mohiyoddin Kazi, and (3) Mirza Altaf Baig Mohabbat Baig. 7 On perusal of statements of the afore said three witnesses, it appears that the victim Shaikh Abrar was last seen together along with the applicant herein on motor cycle proceeding from Railway Station via S.T. Stand to market yard on 6.11.2010 in the evening and the applicant herein was driving the said motor cycle; whereas victim Shaikh Abrar was pillion rider thereon, however, the fact that thereafter victim Shaikh Abrar was not seen and the incident of his murder took place in the same evening, apparently establishes nexus between the same. 8 Moreover, the traces of chilly powder on the clothes of the applicant were found i.e. on the edge of the pant pocket of the applicant. So also, the investigation reveals the phone details i.e. phone calls received by deceased Shaikh Abrar from 6 crap3389.11 the applicant herein, as well as the phone details of phone calls made by the applicant to Ujama after the murder of victim. The finger prints of the applicant herein were also found on the motor cycle of the victim lying on the spot. Moreover, statement of Asif also connects the applicant in the alleged crime. Apparently, all the afore said circumstances amount as incriminating evidence against the applicant herein. 9 Besides, on perusal of the postmortem notes, it appears that the victim sustained as many as 12 injuries, which are ante mortem injuries and there was fracture of frontal bone and the cause of death is shown as, “death due to shock due to poly trauma”, which indicates that the victim was assaulted severely before his death. 10 Having the comprehensive view of the matter and considering the circumstantial evidence on record, it appears that there is strong prima facie case against the applicant, and therefore, although the investigation has been completed and charge sheet has been filed, it is not desirable to release the applicant on bail. Accordingly, present application lacks merits, 7 crap3389.11 and hence, same deserves to be rejected. 11 At this stage, learned counsel for the applicant submitted that the applicant may be granted liberty to apply for expeditious hearing, after committal of the case. 12 In the result, present application stands dismissed, with the afore said liberty as prayed for. 13 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding the same on merits. 14 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3389.11