SUDHIR DEORUKHKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) No doubt on the basis of the circumstantial evidence the accused is linked up with the alleged offence of murder. By a quirk of fate two incidents happened. One that of murder in Dharavi Police Station area and another that of breaking of shop and committing theft in it in Dadar Police Station area.

(2.) Unfortunately, the shop belonged to the deceased and according to the prosecution case not only the applicant was last seen together with the deceased but articles which were allegedly stolen from the shop were recovered at the instance of the petitioner.

(3.) Thus connecting these two incidents together, the prosecution is trying to make out a case that the accused has committed both the offences. So far as offence of murder is concerned, there is thus circumstantial evidence prima facie indicating his involvement. The bail has been rejected by the learned Sessions Court. I am also of the same opinion. The application is therefore rejected.