BA-839-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.839 OF 2011 Hafizul @ Chikna Abdul Aziz Molla ... Applicant V/s. The State of Maharashtra, Thru’ Kandivali Police Station ... Respondent Mr. V.N. Sagare for the Applicant. Mrs. A.A. Mane, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 23 RD JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the Charge Sheet, a copy of which is annexed to the Bail Application. 3. The Applicant is arrested on the allegation of having committed murder of his wife Heena. The facts, which cannot be disputed, are that the dead body of Heena was found in the room where the Applicant and the said Heena were residing with their eight months old child. Admittedly, the death of Heena is opined to be unnatural. Admittedly, the Applicant was not found in the room in which he was staying with Heena and the said eight months old child. Admittedly, the Applicant was found on 9th February, 2011, at his native place in the State of West Bengal. BA-839-11.sxw 2 Dixit 4. There is no satisfactory material to indicate any justification for the Applicant having left for his native place by taking his small child and by leaving his wife in the matrimonial house. Thus, these circumstances justifiably create suspicion against the Applicant as the offendor. Apart from this, it appears that one Hameedabai was staying with the Applicant and the deceased at the material time. Her statement is recorded under the provisions of Section 164 of the Code of Criminal Procedure, which clearly implicates the Applicant. There is material in the nature of extra judicial confession against the Applicant. It also appears from the statements of the neighbours that were recorded in the course of investigation that there used to be frequent quarrels between the Applicant and the deceased. 5. Thus, it cannot be said that there does not exist any prima facie case against the Applicant. In any case, there is certainly very strong suspicion against the Applicant as the offender. 6. Under the circumstances, I am not inclined to release the Applicant on bail. 7. The Bail Application is rejected. 8. The learned Magistrate is requested to commit the case to the Court of Sessions as expeditiously as possible. The learned Judge of the Sessions Court, to whom the matter would be assigned for trial, shall complete the same within a period of one year from the date of receipt of the record and proceedings of the case by him. [A.M. THIPSAY, J.]