1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2468 OF 2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Mukund S.Patil , Adv. For Applicant; Mr.PM Shinde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 4 th August, 2009. ... 1) Heard learned Counsel for the applicant extensively. 2) The applicant seeks bail, being in custody since 20.11.2008, for an offence under Sections302, 201 r/w 34 of IPC, and the charge sheet having been filed on 2nd of February, 2009. 3) In an unfortunate event on 13.11.2008, an unidentified female dead body was found in a burned condition with broken pieces of beer bottle, bread, empty GOA Gutka packets, carry-bags, lying near it. The nature of burns was such that there was disfiguration to the victim to make it difficult to identify the female or the dead body. 4) During the course of investigation, the accused/applicant, a paramour of the deceased, was nabbed on 20.11.2008. He 2 contended of his innocence. However, on examination, it was found that he too sustained burn injuries, for which, no plausible explanation was offered by him. There were witnesses, who have contended having last seen the accused. The non-availability of direct evidence by itself will not be a ground to claim bail. The deceased was already a married lady with Namdeo Tuljamanure. However, since she had love affairs with the applicant/accused, they enjoyed the extra-marital life. The deceased stayed with the applicant/accused at a lodge Chowrasta and thereafter they resided in a rented premise at Omerga. The friend of the accused, Kumar was also associated at the relevant time of the day of incident on the motorcycle. 5) Taking survey of above facts, no case for releasing the applicant/accused on bail is made out. Application rejected. The observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/cran2468.09