MOHAMMAD ASGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel Mr. Bhangde, as well as Mr. Sonare, learned A. P. P. for the respondent/state.

(2.) THE applicant had filed application below Exh. 3 in Sessions Trial No. 372/2003 pending in the Court of learned 4th Additional Sessions Judge of Nagpur for release on bail. The application filed by the applicant came to be rejected by order dated 20th September, 2003 by the learned 4th Additional Sessions Judge, Nagpur for release on bail. The application filed by applicant came to be rejected by the order dated 29th September, 2003 by the learned 4th Additional Sessions Judge at Nagpur and, therefore, the present application is filed by the original accused in S. T. No. 372/2003.

(3.) THE prosecution case in short is that, the deceased Khurshida Begum, was wife of the present applicant and was being ill-treated by the present applicant on account of demand of Splendor Motor Bike and Colour TV. The prosecution claims that prior to the date of incident for about 7-8 days she was not keeping well. According to the prosecution story the deceased Khurshida Begum is murdered by the present applicant. However, admittedly, there is no direct evidence so as to implicate the present applicant in the alleged murder of Khurshida Begum.