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Bombay High CourtBA/279/2019rejected

Roopsingh @ Kisan S/O Bhavsingh Solanki v. State Of Mah. Through P.S.O. P.S. Nandanwan Dist. Nagpur

2019-05-02Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 ba 279.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 279 of 2019 (Roopsingh @ Kisan s/o Bhavsingh Solanki Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C. R. Thakur, Advocate for the applicant Shri V.P. Gangane, APP for the State/non-applicant Mrs. Jyoti Vajani, Advocate to assist the prosecution CORAM : M. G. GIRATKAR, J.

DATED : 02/05/2019 Heard learned Advocate Shri Thakur for the applicant. He has submitted that case is based on circumstantial evidence and confessional statement of co-accused. Thereafter, statement of wife of applicant is recorded.

2.

Learned APP assisted by Mrs. Vajani strongly objected the present application.

3.

Perused the statement of wife of the applicant. From her statement, it appears that deceased was talking with the wife of applicant. Applicant suspected character of his wife. Applicant taken out one Bamboo Stick (Danda) and gave its blow on the head of the deceased. His wife tried to obstructed the applicant, but she was not successful. Applicant called his friend Dinesh and taken the dead-body from the house.

2 ba 279.19.odt 4.

It appears that wife of applicant is eye-witness. There is every possibility of tampering the evidence, therefore, applicant is not entitled for bail. The applicant is rejected. JUDGE SMG