HANUMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 94 of 2019 registered with Badnapur Police Station, Taluka Badnapur, District Jalna for the offence punishable under Section 302 of IPC. His application with similar prayer below Exhibit 3 in S.C. No. 180 of 2019 came to be rejected by the Additional Sessions Judge, Jalna vide order dated 19.11.2019.

(2.) Learned counsel for the applicant submits that the prosecution case entirely rests upon circumstantial evidence and there is no direct evidence in this case. Learned counsel vre/- submits that apparently there is no motive for the applicant to commit murder of his own son. Learned counsel submits that deceased Santosh was residing along with the applicant and other family members. Learned counsel submits that though the applicant's wife Nanabai and daughter Gita slept on the terrace of the neighbour but they did not hear any noise from the house. However one witness Dattu Korde, whose statement came to be recorded belatedly, has stated about some unusual noise from the house of the applicant where the deceased slept alone and so also about the presence of the applicant in the house at the time of the alleged incident. Learned counsel submits that though one iron rod and the blood-stained cloths shown to have been recovered at the instance of the applicant, however, only on the basis of this evidence the application seeking bail cannot be rejected. Learned counsel submits that the applicant is ready to abide the conditions, including the condition as not to enter within the limits of village Ramkheda, Taluka Badnapur, District Jalna till conclusion of the trial to avoid the possibility of tampering with the prosecution evidence. vre/- Learned counsel submits that the applicant may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that there used to be quarrels between the applicant and deceased Santosh. Prima facie there is evidence about the motive on the part of the applicant to commit murder of his own son. Learned APP submits that witness Dattu has seen suspicious activities of the applicant in the night near the house where Santosh slept alone. Learned APP submits that at the instance of the applicant, the blood stained iron rod and his blood stained cloths came to be recovered by drawing panchanama under Section 27 of the Evidence Act. Furthermore, as per the C.A. report, the blood appearing on the iron rod so also on the cloths of the applicant are of the blood group of the deceased. Prima facie there is strong case against the applicant. There is strong possibility of tampering of the prosecution evidence. The applicant may not be released on bail. vre/-