( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.652 OF 2008 CRIMINAL APPLICATION NO.652 OF 2008 CRIMINAL APPLICATION NO.652 OF 2008 Sanjay Baburao Kadu-Deshmukh .. Applicant. Versus The State of Maharashtra .. Respondent. Mrs. Pranali Kakade for the applicant. Mr. H.J. Dedhia for A.P.P. for State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 30th April, 2008. DATED : 30th April, 2008. DATED : 30th April, 2008. P.C.: P.C.: P.C.: 1. The applicant is arrested in C.R.no.312/07 by Haveli police station Dist. Pune u/s 302 r.w.section 201 of the Indian Penal code. The applicant and the deceased were found together on the night of 17.9.2007 and this is stated by 3 witnesses namely Mr. Mashram, Mr. Parge and Mr.Bhilare. The motor cycle on which the applicant and the deceased went away had been identified by Mashram who had attended the removal of puncture of the said motor cycle. The news about the death of deceased came to the light in the morning of 18.9.2007 i.e.to say the applicant will have to be technically treated as a person last seen with in the company of the deceased. This material is against the applicant. 2. The applicant came to be arrested on 11.10.2007 though he happened to be normal resident of ( 2 ) the village where the deceased was staying. Absence of the applicant from his normal place of residence for about 25 days from 18.9.2007 to 11.10.2007 is unusual and goes against the applicant. All this material is indicative of the fact that the prima facie case for the charge u/s 302 is made out against the applicant. In the first place if the applicant is released on bail there is every likelihood that he would not make himself available and in any case the 3 witnesses who have spoken against the applicant are of ordinary living and that there is every chance that the applicant would tamper the witnesses. The trial is yet to commence hence bail cannot be granted. Hence the order. ORDER a) Application for bail is rejected. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)