1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.1213/2008 In Criminal Appeal No.150/2008 [Bandu @ Vijay Laxman Kawale .vrs. State of Maharashtra] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. Anil S. Mardikar, Advocate for the applicant/appellant, Mr. Y.B. Mandpe, APP for the non-applicant/respondent. .......... CORAM : K.J. ROHEE AND B.P. DHARMADHIKARI, JJ DATED : JULY 28, 2008 1. Heard the learned counsel for the applicant/appellant and the learned APP for the non-applicant/respondent. 2. The appellant was serving in the Head Office of Buldhana Urban Cooperative Bank at Buldhana. He was residing as a tenant in the house of PW 2 Digambar s/o Yashwantrao Talnikar. At the relevant time, the wife of the appellant had gone to Jalna for delivery. 2 3. PW 1 Chandrashekhar s/o Pandharinath Hawale is serving as Assistant Branch Manager in Buldhana Urban Cooperative Bank, Branch at Dhad. He was the neighbour of the appellant. PW 1 Chandrashekhar was residing with his wife Sharda and two daughters PW 8 Pallavi and Swati. His eldest daughter Sushma had performed love marriage and was not residing with her parents at the relevant time. 4. According to PW 1 Chandrashekhar on 17.10.2006 he had gone to Dhad to attend the Bank. At that time his wife Sharda was at home. When he returned in the evening, the appellant told him that Sharda had left for Aurangabad where Pallavi and Swati had already gone. From the next day i.e. from 18.10.2006, PW 1 Chandrashekhar did not go to attend his duties at Dhad. The appellant did not attend his duties right from 17.10.2006. 5. On 20.10.2006 PW 1 Chandrashekhar and PW 2 Digambar informed the Police Station that bad smell was coming from the room in occupation of the appellant. When the police reached the place, they broke open the lock of the said room and found the dead body of Sharda lying in semi-nude condition in the 3 said room. There were cut on her throat. The post-mortem revealed that she might have died about four days back. 6. According to the appellant, he had gone to Aurangabad for medical treatment. On learning about the news of Sharda's death, he surrendered on 27.10.2006 at Buldhana. Thus the defence of the appellant is of alibi. The wife of the appellant delivered a baby on 31.10.2006. The appellant has not adduced evidence of the Doctor, who examined him at Aurangabad or his wife to establish that he was not at Buldhana and was either at Jalna or Aurangabad. When the dead body of the neighbour's wife was found in the room occupied by the appellant, the burden lies on him to explain as to how the dead body was found there. Prima facie, it appears that he has failed to discharge this burden. Thus, though the case is entirely based on circumstantial evidence, prima facie there appears adequate evidence in support of the conviction. Hence, we are not inclined the release the appellant on bail. In view of this, the application for bail is rejected. JUDGE JUDGE Gulande