1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.897 OF 2009 Devidas Sharad Jore .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi, Sr.Advocate i/b Mr.M.S.Karnik for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 8TH APRIL, 2009. DATED : 8TH APRIL, 2009. DATED : 8TH APRIL, 2009. P.C.: . Heard learned senior counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.486 of 2008 of Panchavati police station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302, 201, 363 and 364 of the IPC. 3. The prosecution case is that on 10.10.2008 sometime in the afternoon one of the accused - Shripad Suryavanshi had called the deceased - Nilesh on mobile and requested him to meet him at Hotel Vaishnavi to discuss about the case pending against all the accused at his (i.e. the deceased - Nilesh) instance. Accordingly, the deceased - Nilesh went to Hotel-Vaishnavi with his friend Harshad and brother - Kailash. There, Harshad and Kailash waited outside 2 2 2 and Nilesh alone went in the Hotel. After sometime the deceased and Shripad came out and at that particular point of time a Tata Sumo vehicle came to the spot, from which all the accused persons got down and forcibly took Nilesh away in the said vehicle. This incident occured at about 3.30 p.m. on 10.10.2008. Thereafter, at about 7.30 pm one Milind Pawar had allegedly seen 3-4 persons getting down on the bridge of river, where they pulled a person from the vehicle, having red shirt and black pant on his person, and threw him in the river. Milind Pawar claims that he had seen the number of Tata Sumo vehicle. Thereafter, at about 8.30 pm the vehicle broke down at a particular spot, when one Nilesh Shadrul helped the accused persons, including the present applicant, to tow the vehicle for taking it towards the city and while doing so the police accosted all the accused. All these circumstances, in my opinion, are prima facie sufficient to show the complicity of the present applicant, who was there in the vehicle right from beginning till the end. In my opinion, this is not a fit case to enlarge the applicant on bail. The application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)