*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3174/2009 Sambhaji Maruti Pawar. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Shirish Gupte, Senior Advocate i/b Ms.Racheeta R. Dhuru, Advocate for the Applicant. Mr.H.J.Dedhia, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 12th August, 2009. PC:- 1 This is an application for grant of bail under Section 439 of the Code of Criminal Procedure. The Applicant came to be arrested on 22.01.2009 by the Central Police Station, Ulhasnagar in Crime No.I-14/2009 for the offences punishable under Sections 302, 201, 364, 397 and 34 of the Indian Penal Code. Since the arrest the Applicant is in custody. The present application has been filed by the Applicant for release on bail on the ground that the investigation is over and the charge sheet has been filed. 2 The learned counsel for the Applicant has taken me through some of the statements recorded during the investigation to contend that there is hardly any material to connect the Applicant with the crime. *2* 3 According to the prosecution, the deceased had agreed to purchase Gala Nos.9 and 10 from the present Applicant for consideration of Rs.9 Lac. Though the said Galas were agreed to be sold in favour of the deceased, however, it was later on discovered by the deceased that the said Galas were mortgaged with the Co- operative Bank. Touching this deal in regard to the sale of Galas there was dispute between the present Applicant and the deceased. This dispute worsened the relations between the Applicant and the deceased and this is set up as motive by the prosecution for commission of the offence. 4 Perusal of the statement of Dhondiram Agiwale who is servant of the present Applicant and is working at the farm house of the Applicant, shows that on 21.01.2009 viz. the date on which the incident had taken place at about 12:00 at night, one of the accused by name Amjad who happens to be the friend of the present Applicant Sambhaji had been to Dhondiram and had asked for the keys of the farm house. Amjad had again gone to the house of the said witness as there were no lights in the farm house. When the said witness had been to the farm house to check the lights he found the present Applicant standing by the side of the car. According to the said witness, the deceased was also in the company of the present Applicant and other co-accused at night on 21.01.2009. Next day morning the dead body was found at a secluded place shown by the Applicant. 5 Thus, the case of the prosecution about the deceased having been last seen in the company of the Applicant and other co- accused is prima facie made out from the statement of the said *3* witness Dhondiram. The place where the dead body was lying is allegedly shown by the present Applicant. A sickle which is allegedly used as weapon in the crime and blood stained clothes were also recovered from the farm house of the Applicant. The postmortem report reveals that the deceased had suffered multiple injuries and his death was homicidal and the cause of death is shown as haemongic shock due to head injury with polytruma. 6 On prima facie consideration of the material available on record it connects the present Applicant with the crime. 7 Having regard to totality of the facts and circumstances and having regard to the fact that the present Applicant is the main accused I do not feel that this is a fit case for grant of bail. In the result, the Application is dismissed. (A.P. Deshpande, J)