[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2745 OF 2008 Shrimant @ Shriram Machindra Ghodke and one another ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.A.S.Khandeparkar for Datta H.Pawar Advocate for Applicants Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 20, 2008 DATE : AUGUST 20, 2008 DATE : AUGUST 20, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No. 164 of 2008 of Pandharpur Taluka Police Station. The said case is mainly under Sections 364 and 307 of IPC. 3. Complainant Sarika has stated that Mallappa who is her close relation, had insisted that they should sell their land. The complainant who is young lady, refused to do so. Due to this, Mallappa used to abuse and threaten her. Husband [-2-] of Sarika was missing since few days prior to the incident. Sarika has stated that on 29.6.2008 at about 7.00 p.m. Mallappa and his friends i.e. the present applicants stated that they would take her to her husband. Both the accused persons along with Mallappa, put Sarika in a truck. In the truck, Mallappa caught hold of hands of Sarika and applicant no.2 pressed her neck. Sarika pretended to become unsconscious. Thereafter, when the truck reached near the bridge over the river, Mallappa and the present applicants pulled Sarika down from the truck and they took away the ornaments on her person. They also untied her petticoat and they threw her in the river. Specific role has been attributed by Sarika to the present applicants i.e. applicant no.2 has pressed her neck and both the applicants along with Mallappa pulled her down from the truck and threw her in the river. Prior to that applicants along with Mallappa had removed ornaments from her person. In the present case, the investigation is going on. Looking to these facts, I do not think that this is a fit case to grant bail at this stage hence, application is rejected. [-3-] 4. Liberty is granted to the applicants to prefer a fresh application for bail before the Sessions Court after the charge sheet is filed. On such application being preferred, the learned Sessions Judge shall hear the matter afresh and dispose it of on merits. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]