1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2651 OF 2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Madhaveshwari D. Thube-Mhase, Adv. For Applicant; Mr.PM Shinde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 4 th August, 2009. ... 1) Heard learned Counsel. 2) In a day-time robbery, the driver of the tempo was confined and done to death. The tempo and the goods in the tempo, i.e. Auto spares parts, were decamped. The accused/appliant was taken in custody on 27.11.2008. Based on his statement under Section 27 of the Indian Evidence Act, there is discovery of the goods worth Rs.28,593/-. The goods are specific of – copper auto parts of GKN Synter Metals, having respective delivery or block numbers, which basically matched to the delivery challans and other papers. The police also recovered an INDICA car at the instance of the applicant/accused, in which they alleged to have travelled behind the tempo and carried the 2 activities. 3) Release of other accused on pre-arrest bail by the learned Sessions Judge, or other accused to be on bail will not be a parameter to be applied since the role attributed to the applicant/accused and recovery in the alleged crime speak volume against him. The witnesses are bound to be scared if the applicant/accused, who has to his credit earlier cases, is directed to be released on bail. Though I find charge sheet is filed, however, the manner in which the carnage is done, does not deserve such exercise. Application rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran2651.09