( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2875 of 2009 Sachin @ Lal S/o Gangadhar Kotpalliwar vs State of Maharashtra ------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr. R.M. Daga, Adv. for applicant. Mr. Anoop Parihar, APP for respondent. Coram: A.P. Bhangale, J Dated : 26th August, 2009 Heard. 1) The applicant is seeking bail in Crime No.48/2009 registered with Police Station Mul, District Chandrapur under Secs.302, 396, 412 and 201 read with Sec.34 of Indian Penal Code. 2) Learned Advocate for the applicant contended that the material sought to be relied upon by the prosecution in the present case is not sufficient to deny benefit of bail to the present applicant. According to learned Advocate for the applicant, on the basis of statement made by the ( 2 ) applicant, two tyres were seized from the house of one Mr.Gurnam Singh and that incident had occurred on 6 th February, 2009 in respect of it FIR was lodged after 19 days on 27/02/2009, although dead body was traced on 08/02/2009. 3) Learned Advocate for the applicant also contended that co-accused are released on bail in Criminal Application No.2753/2009 and Criminal Application No.2691/2009. 4) On merit it is contended that the dead body in respect of which post mortem report indicated that body was decomposed. It is contended that there is no prima facie material to indicate that murder was committed. Learned Advocate for the applicant claiming parity with the co-accused, prayed for bail in this case. 5) Learned A.P.P., who opposed grant of bail, contended that during the course of investigation, the present applicant was arrested on 30/03/2009. On 31/03/2009 two iron disc stepneys of the truck came to be recovered at his instance from the house of Gurunamsingh alias Mama Padda. It is also revealed that two tyres of the truck were sold by present applicant to co- accused Rahul Poreddiwar and the same were recovered from said Rahul Poreddiwar under ( 3 ) panchnama in view of Sec.27 of Indian Evidence Act. It is also contended that the present accused is also involved in another murder case arising from Crime No.95/2009, registered at Ram Nagar Police Station, Chandrapur with said modus operandi in which truck was intercepted, looted and driver was killed. The learned A.P.P. also inviting my attention to the fact that dead body was exhumed later on and two doctors recorded their observations, which are consistent with observations in earlier P.M. Notes and opined that death was due to strangulation in the present case. While in Crime No.95/2009 reported at Ram Nagar Police Station, Chandrapur truck driver was stabbed and blood stained knife was recovered at the instance of present applicant in that case. That being so; the accusations appear serious considering that the present applicant was also involved in another murder case and blood stained weapon was recovered from him in that case and also considering that applicant has given his residential address at Bapat Nagar, Tahsil and District Chandrapur. Prima facie it appears that there is no sufficient information regarding his residential address. Under these circumstances considering serious accusations against him the ( 4 ) prospects of long sentence may result in absconsion of the accused, if bail is granted in such case. Evidence is also likely to be tampered. Therefore, I think considering the material pointed out at the hearing of this application, the applicant cannot be enlarged on bail. Therefore, the bail application is rejected. Judge. Khunte