1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5399 OF 2010 Krishna Chandrakant Pandey ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Suresh Dubey, adv. For the Applicant. Ms A.T.Javeri, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 27, 2011. P.C. 1 The applicant seeks to be released on bail in crime no.174 of 2010 at Kalwa police station for the offences punishable under Sections 302, 342, 143, 148, 149 r/w Section 120-B IPC. 2 Heard the learned counsel for the parties. Prosecution case in brief is that on 15.5.2010 at about 5 p.m. first informant Smt. Jyoti Naresh Patil, her mother and some other passengers were proceeding by one auto-rickshaw from Bazar Peth side towards Kalwa Railway Station. When the rickshaw reached near the railway colony gate, 10-12 persons stopped rickshaw. They dragged rickshawala, beat him and made him to run away. They also threatened other women, who were sitting in the rickshaw. Present applicant was armed with sickle. Some of his 2 companions were armed with knives, choppers, etc. All these persons assaulted Ramabai Pujari, mother of the first informant with different weapons on the chest and abdomen. Present applicant had also allegedly snatched away Mangalsutra from the neck of Ramabai. Culprits also gave fist blows to the first informant Jyoti and then ran away. With the help of people, injured Ramabai was taken to the hospital at Kalwa. On examination by doctors, she was declared dead. Almost immediately the F.I.R. was lodged. Names of eight assailants were specifically given and they included the present applicant. Medical report and the Post Mortem Report reveals that there were in all 7 stabbed and incised wounds on the chest and abdomen of the deceased and she had died due to hemorrhagic shock due to multiple injuries involving vital organs. 3 The learned counsel for the applicant contended that about a year before this incident, present applicant was arrested in criminal case and he was beaten and charged by the police and he had made complaint before the Magistrate and complaint was found well founded in view of the injuries on the person. He also pointed out that thereafter the police commissioner passed the order of his preventive detention but that order was set aside by the Government as per the opinion of the advisory board. According to him, police are interested in falsely 3 implicating the present applicant by hook or crook. Whether there is any substance in his contentions against the police may be examined at the time of trial. Fact remains that Ramabai was brutally murdered in a broad day light and her daughter lodged report immediately after the incident. The present applicant was specifically shown as one of the assailants and he was allegedly armed with sickle and he had also snatched gold mangalsutra from the neck of the deceased. In view of this material on record, it will not be in the interest of justice to grant bail to the present applicant at this stage. If he is granted bail, there is every possibility that he may either abscond or may tamper with the prosecution evidence. 4 Therefore, application stands rejected. (J.H. BHATIA,J.)