1 Criminal Application No.1499/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1499 OF 2011 Shaikh Hamid s/o Shaikh Babamiya ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.S. Thombre, Advocate for applicant Shri N.B. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 20th April, 2011 PER COURT : 1. Heard finally. In Crime No.108/2010, registered at Parli (Rural) Police Station, for offence under Sections 302, 307 read with Section 34, 120-B of the Indian Penal Code, the accused/ applicant, in custody from 27.8.2010, desires bail. 2. Earlier identical exercise in Application No.400/2011 was rejected on 11.3.2011. 3. Mr. Thombre, the learned counsel reiterated the factual events, which was also a point of consideration while dealing with Application No.400/2011. He submits, in eliminating the couple 2 Criminal Application No.1499/2011 and brutally assaulting the driver, the accused/ applicant Shaikh Hamid had no role as he was away. The identification of photograph, though defective by the driver of the vehicle, does not implicate the accused/ applicant. 4. The elimination of the deceased, the couple, was out of well planned conspiracy hatched at the instance of the accused/ applicant Shaikh Hamid, for which reasons are assigned in the statements of Shaikh Naeem Shaikh Abdul Rahman, son of the couple. The legal position that even if the accused was not present at the spot in eliminating the couple or brutally injuring the driver of the vehicle, will not absolve the accused of the primary liability as he planned the conspiracy, has been surfaced by connecting various statements and events. All these circumstances and the chain is to be established at appropriate stage to the extent of the accused/ applicant. No fresh material to entertain the bail application. Application lacks merits, rejected, finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri1499.2011