(1) Cri. Application No. 3926 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3926 of 2011 Padmakar s/o. Babu Suryawanshi, Age : 21 years, Occupation : Service, in Best Transport, Mumbai, .. Applicant R/o. Ghonshi, Taluka : Udgir, (Original accused District : Latur. No.5) versus The State of Maharashtra, Through Police Station, Jalkot, Taluka : Jalkot, District : Latur. .. Respondent. ....................... Mr. A.B. Kharosekar, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 11TH OCTOBER 2011 (2) Cri. Application No. 3926 of 2011 COURT'S ORDER : 1. Perused the investigation papers and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail, in connection with Crime No. 51/2009, registered at Police Station, Jalkot (District : Latur), for the offences punishable under Sections 302, 147, 148, 149 and 504 of Indian Penal Code. 3. It appears that the offence has been registered on the basis of the complaint filed by the complainant, namely, Chhayabai wd/o. Ashok Bhisade, on 27th June 2009. A bare perusal of the contents of the FIR reveals that the name of the applicant herein has been reflected therein. He was present at the time of occurrence of the incident i.e. assault upon husband of the complainant, namely, Ashok, and apparently, the applicant participated in the occurrence of the incident. It also appears that the applicant's father, namely, Babu, assaulted the victim Ashok by knife into his ribs, and at that juncture, the complainant and her mother-in-law went near him, but the applicant, Padmakar, pushed the complainant away. It is also alleged that the applicant also assaulted the complainant and her mother-in-law by kick and (3) Cri. Application No. 3926 of 2011 fist blows, and thereafter applicant, Padmakar, and his father, Babu, fled away by motorcycle. 4. Moreover, there are two eye witnesses, namely, Arun s/o. Vyankat Parge, and Manyabai w/o. Tulshiram Bhisade i.e. mother of the victim Ashok, whose statements are in tune with the contents of the complaint. Admittedly, post mortem report discloses various injuries, including incised wounds, in Clause No.17 thereof, which were sustained by the victim Ashok, and cause of death given is, "due to Hypovolamic shock due to Incised wound over left spleenic region, puncturing small intestine and spleey", and the said cause of death is in consonance with the allegations made in the complaint. 5. Besides, it appears that the investigating agency has filed charge sheet showing the applicant herein as absconding since he was not available, and therefore, the said conduct of the applicant speaks for itself. 6. Apart from that, the offence is under Section 302 of IPC, along with Section 149 of IPC, which attracts capital punishment / imprisonment for life, which is a serious offence. It is also submitted by the learned APP, that the supplementary charge sheet against the applicant has not been filed so far. (4) Cri. Application No. 3926 of 2011 7. Having comprehensive view of the matter, it is not desirable to release the applicant on bail, and hence, present Application deserves to be rejected. 8. In the result, present Criminal Application lacks merits, and therefore, stands dismissed, and is disposed of finally. 9. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/3926ka