1 BA 1432 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1432 OF 2011 WITH CRIMINAL APPLICATION NO.541 OF 2011 1. Nitin Raghunath Kavitake 2. Vikram @ Kaka Gaurihar Changan 3. Mohan Sambhaji Pise, 4. Vinod Bapurao Shendage .. Applicants -versus The State of Maharashtra .. Respondent. and Popat D. Raut .. Intervener Mr. A. P. Mundargi, Senior Counsel with Mr. Ajay Joshi, for the applicant. Mrs. M. R. Tidke, APP for the Respondent State. Mr. Shirish Gupte, Senior Counsel with Mr. Vishal Kanade, ifor the intervener CORAM: R.C. CHAVAN, J. DATED: 12th October, 2011 P.C. 1. This is an application for bail by four persons, who alongwith one Pravin Thombare are alleged to have murdered Sandeep Popat Raut. Pravin Thombare has been admitted to bail. The allegation is that the applicant Nitin Kavitke had either illicit intimacy with victim's cousin Bhagyashree or had 2 BA 1432 OF 2011 advanced a sum of Rs.2,000/- to said Bhagyashree or was making calls to Bhagyashree at her husband's house, which had resulted in quarrels between the deceased Sandeep and Nitin Kavitke. Nitin Kavitke, is supposed to have planned to eliminate Sandeep Raut on a day when there was a marriage in the village and the entire village was likely to attend that marriage. Pravind Thombare is alleged to have taken Sandeep Raut to the dairy of Nitin Kavitke and there the accused persons are supposed to have eliminated the victim by first making him drink, then hit on the head with iron pipe due to which Sandeep became unconscious and then thrown him in a canal. One of the applicants Vikram @ Kaka Gaurihar Changan made a statement under Section 27 of the Evidence Act, which led to discovery of iron pipe. The notes of postmortem examination do not show any external injuries on the victim. The cause of death is certified to be asphyxia due to drowning, though according to prosecution, the victim was a good swimmer. Learned counsel for the intervener submitted that there are photographs of the dead body which show the victim had in fact several injuries on head. He submits that the intervener has already filed writ petition which is to come up before the Division Bench of this Court on Friday, complaining about faulty investigation since beginning. However, that can not alter the the facts recorded in inquest panchnama and notes of postmortem examination which show 3 BA 1432 OF 2011 that there is no injury on the head. The only evidence that has been collected so far is, first about motive of applicant Nitin Kavitke, who had called the victim Sandeep, secondly the victim was last seen together with the company of the applicants and recovery of pipe at the instance of Vikram @ Kaka Changan. As already indicated co-accused Pravin Suresh Thombre has been admitted to bail. Considering the nature of evidence collected and since investigation is complete and the chargesheet has been filed, except applicant No.2 Vikram @ Kaka Changan at whose disclosure the incriminating articles have been seized, the other applicants need not be detained in jail pending trial. In view of this applicant No.1 Nitin Kavitake, applicant No.3 Mohan Pise and applicant No.4 Vinod Bapurao Shendage, be released on bail on their furnishing P.R. Bonds in the sum of Rs.50,000/- by each of them with one or more solvent sureties in the sum aggregating to Rs.50,000/- by each of them. The applicants shall scrupulously keep themselves away from all the prosecution witnesses. 2. Both the applications are disposed of. (R. C. CHAVAN, J.)