1 Cri.Appl.No.4867 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4867 OF 2010 Swapnil S/o.Rohidas Shinde, Age-30 years, Occu-Business, R/o.Pustadham Road, Savedi, Ahmednagar, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.R.B.Raghuwanshi h/f. Mr.P.D.Bachate, learned counsel for the applicant. Mr.B.V.Wagh, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 03/12/2010 PER COURT : 1. This is the second attempt made by the applicant to get released on bail u/s. 439 of The Cr.P.C. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the record and proceeding made available to me at the time of submissions. As now the investigation is over in CR No.432/2009, registered in Tophkhana Police Station of Ahmednagar, on 05/04/2010, charge sheet was filed against the applicant and others in the Court of J.M.F.C. 2 Cri.Appl.No.4867 of 2010 Ahmednagar. 3. The applicant came to be arrested in connection with CR No. 432/2009, registered in Tophkhana Police Station of Ahmednagar on 16/03/2010, whereas the said offence came to be registered in Tophkhana Police Station on the complaint of one Maruti Vitthal about the incident took place near his residential place in the night of 18/12/2009, around 8.30 p.m. or so. This complaint came to be lodged at about 11.15 p.m. i.e. within some 3 hours after the alleged incident occurred. Considering this aspect, the manipulation of facts about implication of somebody, who was not present at the spot is rulled out. 4. Perusal of the complaint discloses that the present applicant alongwith some 14 known persons, whose names are mentioned in the complaint and some other 20-22 unknown persons came at the residential premises at Waiduwadi. At that time applicant who was armed with deadly weapons came on motor-bike. Complaint further discloses that after they came at the spot, at that time, the present applicant was holding sword in his hand, while others were also holding deadly weapons like sword, gupti and sticks. It is specifically mentioned that after they came at the spot, they tried to attack on the complainant, his nephew and son of his maternal uncle. On seeing the scenario, father of the complainant Vitthal Dhangar came there to pacify the situation, but instead of the situation gets pacified, he has to receive two injuries of the sword 3 Cri.Appl.No.4867 of 2010 blow given by the present applicant on his stomach. He has also received 3rd blow on his stomach and collapsed at the spot. At that time, other assailants also assaulted the persons who were present in that premises. It is further alleged that some 8-9 persons came there to hold the complainant and his family members on hearing the commotion. The applicant and others ran away from the spot. Injured Vitthal was taken to the Civil Hospital, Ahmednagar, but succumbed to injuries around 9.35 p.m. of the same day. 5. Post mortem report placed in my hand shows that there are two deep stab injuries and one cut incise injury which are noticed by the autopsy surgeon on the person of the deceased at the time of post mortem. The Autopsy surgeon has also noticed that there is cut wound on liver of the deceased. It is opined by the autopsy surgeon that the death of the deceased was caused due to hemorrhage shock due to livery injury due to stab injury. Thus the fact is clear that death of the deceased is a homicidal death. 6. It is tried to urge across the bar on behalf of the applicant that the assault on the complainant and others was by the mob of 14 known persons and 20-22 unknown persons. The charge sheet was filed against 14 persons, out of which 12 persons were released on bail, while the applicant and one other are still behind the bars. It is also urged that after anticipatory bail of the present applicant was rejected, he had surrendered on 16/03/2010 and since then is in custody. It is also urged across the bar that considering the spot 4 Cri.Appl.No.4867 of 2010 panchnama which was immediately prepared by the police after the alleged incident took place, no blood stains were noticed at the place of offence. It is also urged that no articles were recovered at the instance of the present applicant as well as no blood was found on the clothes recovered at the instance of applicant after his arrest by the police. 7. Learned APP vehemently opposed this application. Considering these submissions across the bar, one fact is clear that in the complaint, role played by the applicant is specifically demonstrated. The role demonstrated in the complaint as played by the present applicant is further supported by the medical evidence. In the premise, prima facie it appears that applicant/assailant is responsible to cause the homicidal death of the deceased. As the applicant came to be arrested after the period of more than 4 months, then if the articles are recovered at his instance, found no blood stains, it will not be a miracle, because no blood stains will remain for the period of 4 months. About no blood stains were found at the place of offence as urged in the spot panchnama, this Court require to take a note of the fact that in the said spot panchnama, it is also mentioned that the place where the alleged incident had occurred, is having very heavy traffic. If there is heavy traffic on the road, then the possibility of blood stains found on the spot is rulled out. Considering the overall effect of the papers of investigation and the material placed before me, prima facie shows involvement of the applicant in the said offence. The application sans any merit, 5 Cri.Appl.No.4867 of 2010 rejected. 8. These observations are prima facie, based on the papers of investigation. Learned Sessions Court not to influence with these observations during the trial against the applicant. (A.V.POTDAR, J.) khs/DEC. 2010/cri.appl.4867-10