1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPP) No. 626/2011 In Criminal Application (BA) No. 182/2011 (Arun Bangdu Bhosale .vs. State of Maharashtra through PSO Jaulka, Tq. Maregaon, Dist. Washim) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.S. Kurekar, Advocate for Applicant. Mr. D.B. Patel, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JULY 29, 2011 Heard. By the present application, applicant/accused charge sheeted by Jaulka Police Station, district - Washim, as a result of investigation of Crime No.32/2010 of the said Police Station registered for offence under Section 302 of I.P.C. has prayed for further extension of bail granted to him vide order dated 11.4.2011 for a period of two months. The extension is sought until disposal of the trial against the applicant emerging out of the said charge sheet. By drawing attention to the said order, the learned counsel for the applicant urged that after due consideration of the material then available against the 2 applicant, the prayer for bail was accepted for limited period of two months predominantly due to the prosecution then having pointed that report of the Chemical Analyser was yet to be received and the same will have important bearing as the material against the applicant is of circumstantial nature. It is urged that even though the said report is received by now still the same does not improve character of material then available against the applicant while passing order dated 11.4.2011. It is urged hence for the same reason and further having due regard to the fact that no misuse of bail granted is reported, applicant staying outside village Dhaba ruling out any possibility of prosecution evidence getting tampered, the prayer for bail/extension for further period, as requested, be considered with favour. Mr. Patel, learned APP urged that there is no much substance in the submission canvassed that the matters stated in the material from the C.A. report received does not strengthen/advance the prosecution case. It is urged that the matters from the said C.A. report will be required to be considered in the light of all the other prosecution evidence and not in isolation. It is pointed that the charge has been already framed in the month of March, 2011 and, thereafter, the applicant seeking adjournments on two dates in spite of witnesses being present is indicative of the oblique intent of applicant. It is urged that having regard to the said circumstances and seriousness of the offence for which the applicant is charged, the application be rejected. 3 After giving anxious consideration to the submissions advanced by both the sides, the reasons given in order passed earlier, nature of the material available against the applicant and fore mostly the reasons for which the prayer for bail was considered at the said stage for limited period and now prima facie examining the material then available against the applicant in light of report of the Chemical Analyser received, the submission canvassed by learned counsel for the applicant cannot be said to be altogether devoid of merits. Such a conclusion is apparent after prima facie considering the character of prosecution material in entirety against the applicant and the same being not of a direct nature but of a circumstantial nature i.e. the material regarding the applicant possessing probable motive for commission of a crime due to altercation in between deceased, her husband and himself having occurred on the count of hunting in the field few days prior to the incident, the applicant on the day of incident being seen by the witnesses going towards the river at about 4 p.m. in a frightened condition with blood stains on his clothes and sickle and then applicant having given evasive answers to the witnesses questioning about the same; the applicant thereafter being seen washing the blood stained clothes and sickle at river and that of recovery of sickle and clothes as a squeal to statement leading to discovery of the same allegedly made by the applicant and the prosecution being unable to ascertain the group of the blood found either on the clothes of the applicant or the sickle. Having regard to the aforesaid and misuse of 4 the bail granted and particularly non compliance of the conditions imposed to stay outside village Dhaba being not reported, the prayer for bail/extension will deserve consideration by imposing further condition due to the factors pointed by learned APP. The bail granted to the applicant vide order dated 11.4.2011 and in force up-till today in connection with above stated crime number to continue until disposal of the Sessions Trial arising out of said crime subject to applicant and his surety furnishing fresh P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac) for the extended period and subject to the conditions imposed earlier with the addition that applicant shall punctually attend the trial Court on the dates fixed in the matter saved the just exception and shall extend all the cooperation for speedy disposal of the same. The application stands disposed of. JUDGE halwai