1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4559 OF 2009 Shamsundar S/o.Baburao Jadhav, Age-40 years, Occu-Labourer, R/o.Cidco, New Nanded, Tq. and Dist. Nanded APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.N.S.Choudhari, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.159/2009 in which he came to be arrested on 26/08/2009, wherein after completion of investigation, charge sheet is filed. After passing necessary committal order, the case is committed to the Court of Session and numbered as 191/2009. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. Perused the papers of investigation. It appears that initially the FIR was lodged by the father of the deceased Bhola on 30/05/2009 against the 2 unknown person. It appears that during the investigation on 04/08/2009, and 06/08/2009, the name of the present applicant came in picture as last seen near the place where the incident occurred. It appears that on 26/08/2009, number of statements of the neighbours were recorded. In fact, a case of the prosecution rests on the circumstances and not of the direct evidence. It appears that the fact revealed from the statement of the neighbours that under the fear of applicant, they were not coming forward to give any statement against the applicant. But after the applicant is put behind bars, they came forward to give the statement as seen the applicant at the residence of deceased soon before the incident. 3. According to learned APP, applicant is a history sheeter, and involved in 13 cases which were to his credit. If the applicant is a history sheeter and there are cases of rape, abduction and extortion to his credit and the witnesses are not coming forth to give evidence against him due to fear, it is not safe to enlarge the applicant accused on bail. 4. In the premise, application sans any merit, and dismissed. These observations are prima facie and the Learned Sessions Court, before whom the trial is assigned, not to influence with these observations. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.4559-09