:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3540 OF 2008 Shri Nilesh Daulat Jadhav ..Applicant Vs. The State of Maharashtra ..Respondent Mr. A.S. Rao for applicant. Mr. V.B. Konde-Deshmukh, APP for State. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 12, 2008. Date : November 12, 2008. Date : November 12, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the applicant and the learned APP for the State. 2. The applicant is seeking bail in CR No. I-181 of 2008 of Bazar Peth Police Station, Kalyan. The said case is mainly under Sections 302 and 363 of IPC. 3. The deceased Onkar who was aged about 6 and half years was missing from 27/12/2008. Thereafter, the dead body of Onkar was found. When the body of Onkar was found, his hands were found tied with the :2: piece of shirt. Search was conducted of the house of the applicant. Blood stains were found in his house. So also, pieces of the same shirt were found in the house of the applicant with which the hands of Onkar had been tied. At the instance of the applicant, some more pieces of the same shirt came to be recovered from some other place. 4. The applicant had earlier preferred an application for bail which came to be rejected by this court by order dated 25/7/2008. Thereafter this application has been preferred on the ground that in the earlier order there is mention of a chit in the hand writing of the applicant which was stated to be found in the search of the house of the applicant. Mr.Rao states that no such chit came to be seized from the house of the applicant. I have perused the panchanama and it shows that it was not a chit which was seized but it was a book. In the said book, it is mentioned that "your son is in my custody, do not try to act smart". The said book had been sent to the handwriting expert and the handwriting expert’s report is that it is in the handwriting of the applicant. :3: 5. No doubt in the earlier order it was mentioned that a chit came to be seized. However, it is seen that a book came to be seized wherein on the last page some material was found in the hand writing of the accused. The fact that it was not a chit but a book which came to be seized would not change the nature of the case. In my view it cannot be said to be a fresh ground. 6. The material on record clearly implicates the applicant in the offence of murder of a young boy of six and half years. Hence, I do not think that this is a fit case to grant bail. 7. Application is rejected. (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)