Pramod @ Pamya Babu Gavnang v. State Of Maharashtra

10-BA-2130-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2130 OF 2024 Pramod @ Pamya Babu Gavnang ...Applicant Vs.

The State of Maharashtra

...Respondent

Ms. Gargi Joshi, Advocate for Applicant.

Mr. P. P. Deokar, APP for State-Respondent.

CORAM:- ANIL S. KILOR, J.

DATED:- 2nd SEPTEMBER, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.349 of 2022 registered with Ratnagir Police Station, for an offence punishable under Section 302, 201 and 120-B of the Indian Penal Code, 1860. 3) The learned Counsel for the applicant submits that the whole case is based on circumstantial evidence and the applicant has been implicated in the offence as an accused on the statement of co-accused. 1/2

10-BA-2130-24.DOC 4) However, the learned APP has pointed out that at the instance of the applicant, burnt bone and ashes of the body of the deceased were recovered. The CA report supports that the bone and ashes recovered are of the deceased.

5) Thus, considering the recovery pointed out by the learned APP, it cannot be said that only because the co-accused named the applicant, the applicant is entitled for grant of bail.

6) Since the incriminating material available on record to show the prima facie involvement of the applicant, I am not inclined to grant of bail. Accordingly, the application is rejected and disposed of. [ANIL S. KILOR, J.] 2/2