1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1686 of 2010 Chandrakant @ Laxman Babarao Maske ..vs.. State of Maharashtra, through P.S.O., P.S., Darwha, Dist. Yavatmal. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Shinde, Advocate for the applicant. Mr. M.J.Khan, A.P.P. for the Respondent/State. CORAM : Prasanna B. Varale, J. DATED : 23 rd Novem ber , 2010 . Heard. This is an application filed by the applicant for grant of regular bail in connection with Crime No. 106/2010 registered with Police Station, Darwha for the offences punishable under Sections 302, 201 of Indian Penal Code. The applicant had filed Misc. Criminal Application No. 116/2010 before the Addl. District and Sessions Court, Darwha and it was rejected by order dated on 15/10/2010. Therefore, the applicant has approached this Court for grant of bail. In the present case, the applicant himself is the complainant who lodged report in Police Station, Darwha stating therein that when he went to the field in the morning, he did not find his father in the field. When he took search, he found dead body of his father lying in the river. He also stated in the report that some unknown persons have assaulted his father by means of axe and because of assault, his father died. Mr. Shinde, learned Advocate for the applicant submitted the applicant is falsely involved in the crime only on suspicion and 2 there is no material against him to connect with the said crime. Learned Advocate further submitted that the applicant himself had lodged the report about suspicious death of his father. Learned Advocate, therefore, prayed for allowing the application. Mr. Khan, learned APP has filed the reply and opposed the application. Learned APP has also produced the record before the Court for perusal. Perusal of the reply and the record discloses that during the course of the investigation it was revealed that the applicant himself is involved in the crime as he was having grudge in his mind against the deceased i.e. his father that his father was showing advances towards the newly wedded wife of the applicant. The material collected by the investigating agency including the statement of the wife of the applicant clearly show that on many occasions she found that her deceased father-in-law was making indecent behaviour and showing advances towards her. The material also includes the statement of one witness, who had seen the applicant pushing the body of the deceased towards river. An apprehension is expressed by learned APP that if the applicant is released on bail, he may tamper with the prosecution witnesses as the witnesses are his near relatives. Learned APP, therefore, prayed for rejection of the application. In view of the material collected by the investigating agency and in view of the apprehension expressed by learned APP, which is quite justifiable, I am of the opinion that no prima facie case is made out by the applicant for grant of bail. There is sufficient material against the applicant to connect him with the said crime and hence, the application deserves to be rejected. In the result, application is rejected and disposed of as such. JUDGE 3 Diwale