1 CR.APL NO.1201/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 912. APPLN/1201/2011 GANGADHAR LAXMAN ROUNDALE [Criminal] V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.N.R.Jamdhade, Adv.,for the applicant. Mr. V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:31/3/2011 1. Heard. The accused/applicant, in custody from 10.10.2010, for an offense under Section 302 of IPC, in Crime No.162/2010 of Purna Police Station, seeks bail. 2. Learned Counsel submits, the primary evidence against the accused/applicant is shaky. The only eye witness Tukaram cannot be believed as, apparently, he was under influence of Ganja, having inhaled it with deceased Narayan. The accused Gangadhar is the only earning member of his family, no criminal record. The post mortem notes do not illustrate, the death could be by an attack at abdomen, as authored to the 2 CR.APL NO.1201/2011 accused/applicant. 3. Learned A.P.P. submits that it was the agricultural field of deceased Narayan which was root cause in his elimination. Based on statement at the behest of the accused/applicant, blood stained knife was recovered. 4. Chargesheet is filed. By earlier order dt.18th Feb.,2011, Sanjay and Navnath are directed to be released on bail. Identical parameters cannot be applied for the present accused/applicant as Sanjay and Navnath allegedly remained in the agricultural field while accused/applicant and Vishwanath allegedly were in the Bank court-yard where the deceased Narayan and Tukaram were lying. In order to ensure elimination, as a part of contract killing, the accused/applicant with Vishwanath stabbed brutally to the deceased Narayan. Having noticed by Tukaram, he was also warned by Vishwanath to remain credulous and isolate, dissociate himself, else to face 3 CR.APL NO.1201/2011 identical fate as of Narayan. The recovery, referred above, the statements of witnesses does not call for any situation of bail. The post mortem names abdominal stab injury to deceased. The brutality and the volume of sentence, if convicted, also need not be obliterated. Application lacks merit, dismissed. Observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE ... AGP/1201-11crapl