1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2824 of 2009 Pundlik s/o Panjabrao Wasake v. 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. V.P. Vaidya , Adv. for applicant Mr. Anup Parihar, A.P.P. for non-applicant Coram: A.P. Bhangale, J Dated : 24th August, 2009 1. By this application, applicant is seeking bail in crime No.216/2008 reported at Sevagram Police Station under Section 302 of the Indian Penal Code. Complaint was lodged by one Yashwant Vyankatrao Murkhe on 8th December, 2008 regarding the incident of murder occurred on the same day at about 5.00 p.m. During the course of investigation statements of one Ajay Vaidya and Sou. Yenubai Tidke were recorded indicating that there was quarrel between deceased Ravikant and accused Pundlik. When eye witness Ajay had tried to mediate, at that time accused Pundlik had stabbed Ravikant by means of piercing big needle (known as “Dabhan” used for stitching gunny bags). It is stated by eye witness that Pundlik had repeatedly stabbed deceased Ravikant by means of said piercing big needle (Dabhan). Eye witness Sou. Yenubai also gave identical version of incident of murder. 2. Learned Advocate for the applicant contended that the accused and 2 deceased had suddenly scuffled and they were under influence of liquor and therefore, at the most offence may be covered under Section 304(2) of the Indian Penal Code and therefore, bail may be granted. 3. Learned A.P.P., however invited my attention towards statements of eye witnesses so as to submit that the material do not indicate so. But according to eye witnesses repeated stab blows were given by means of piercing big needle (Dabhan) on vital parts on the body of the deceased. Post Mortem Report indicated several injuries mentioned in column No.17 as follows:- 1. Stab would just below left nipple (1x1)cm at entry & 18 cm. depth at entry upward & Right. 2. Left side of chest at level of 11th costal cartilage and 4cm depth (1x1)cm at entry – Stab wound. Horizontal & directed on Rt. Side. 3. Stab wound – On Back below Rt. Scapula 4cm down (1x1) cm and 11 cm depth directed forward and slightly left & upward. 4. Contusion over left eye & black eye no bleeding. 5. Abrasion over nasal bridge (1x1) cm. 6. Abrasion over chin (1x1) cm. 7. Abrasion over Rt. Hand dosum (1x1) cm. 4. Opinion as to probable cause of death was given by doctor as death due to injury to heart, lung and spleen. Thus prima-facie it appears that accusations are very serious and probable sentence may be death or imprisonment of life. Prospects of long sentence in such case may be impell the accused to abscond and evidence may be tampered if accused is released on bail. Therefore, I think bail application was rightly rejected by the learned Ad-hoc Additional Sessions Judge-2, Wardha by order dated 10-7-2009 in Criminal Application No.354/2009 by reasoned order. 3 5. Considering the material collected during the investigation, I am not inclined to grant bail to the applicant. Therefore, the bail application is rejected. However, it is expected that the trial Court shall endeavour to dispose of the Sessions Trial Case as early as possible. It is made clear that opinion expressed is related for the purposes deciding the bail application only and trial Court shall decide the Sessions Trial Case uninfluenced by observations above on the basis of evidence led. Judge. adgokar