1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1390 OF 2009 IN CRIMINAL APPEAL NO. 1105 OF 2007 Shiva @ Shivaji Rambhau Gangurde .. Applicant Vs The State of Maharashtra .. Respondent Mr. A.K. Apte appointed advocate for the Applicant Mr. Rajesh More, APP for the Respondent - State CORAM : SMT. RANJANA DESAI & SMT. V.K. TAHILRAMANI, JJ DATE : 22nd MARCH, 2010 P.C.: 1. The applicant has preferred the instant appeal through jail. In this application, he has prayed for bail. The applicant is charged for having committed murder of his wife. 2. We have heard learned counsel for the applicant. He urged that the prosecution has failed to establish its case beyond reasonable doubt and hence, the applicant be released on bail. 3. It is not possible for us to accept the submission of learned counsel. There is recovery of iron rod having pointed edge and clothes of the applicant 2.appa1390-09 2 having blood stains at the instance of the applicant. The prosecution has proved that the applicant was last seen in the company of the deceased. The applicant was absconding after the incident in question. Motive to commit the crime is also established. Prima facie, it is proved that the applicant committed murder because he was suspecting the character of the deceased. 4. In our prima facie opinion, chain of circumstantial evidence is complete and it unerringly points to the guilt of the accused. Hence, the applicant cannot be released on bail. 5. Application is rejected. 6. Order be communicated to the applicant in jail. [SMT. RANJANA DESAI, J.] [SMT. V.K. TAHILRAMANI, J.] 2.appa1390-09 3 2.appa1390-09