1 Cri-A-4494-574-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.4494 OF 2010 WITH CRIMINAL APPLICATION NO. 574 OF 2010 CRIMINAL APPLICATION NO. 4494 OF 2010 Shri Siddeshwar Kesappa Shelke ... Applicant Vs. The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO.574 OF 2010 Jafar ismail Shaikh ... Intervener Vs. Siddeshwar K.Shelke & Anr. ... Respondents Mr. S.A.Sawant, Advocate, for the applicant. Ms. P.P.Shinde, APP, for the respondent State. Shri Debajyoti Talukdar, Advocate, for the intervenor (In Appln.No.574/10) CORAM: J.H.BHATIA,J. DATE : 11th January, 2011. P.C. 1. Application No.574/2010 is filed by Jafar Ismail Shaikh, original complainant, as intervener. The Applicant is allowed to intervene. 2 Cri-A-4494-574-10.sxw 2, Heard the learned Counsel for the applicant, the learned APP and the Advocate for the intervener. Perused the police papers filed with the charge-sheet as well as the papers filed by the applicant/intervener. 3. To state in brief, the prosecution case is that in 2008 one Kumar Chandrakant Dangat, brother of absconding accused Sahcin Dangat was murdered by Rahim Shaikh. Rahim Shaikh was brother of present intervener Jafar Ismail Shaikh. About that Crime No.272/2008 under Sec. 302 of IPC was registered against some accused including Rahim Shaikh. After that, father of Rahim Shaikh was murdered by the opposite party and crime No.301/2008 was registered. Trial of the Sessions Case arising out of C.R. No.272/2008 was in progress before the Sessions Court, Pune. On 6.5.2008, the case was fixed for trial and three witnesses, viz. Siddheshwar Shelke, Rakesh Deshmukh and Ankush Pawar were summoned to give evidence for prosecution. Evidence of Ankush Pawar was partly recorded till recess time. On that day, Rahul Nair, a friend of complainant Jafar Ismail Shaikh and Rahim Shaikh, was caught hold of by 6 - 7 persons and stabbed by Sachin Dangat. He died on the spot. The FIR of the incident was lodged by Jafar Ismail Shaikh. Jafar Shaikh stated in the FIR that Sachi Dangat, Sukesh Dangat, Siddheshwar Shelke, Amol, Umesh Deshmukh, Rakesh Deshmukh and Ankush Pawar came there. Sukesh, Siddheshwar Shelke, 3 Cri-A-4494-574-10.sxw Amol and Ankush caught hold of Rahul Nair and Sachin Dangat stabbed Rahul Nair with Rambo knife and Umesh Deshmukh and Rakesh Deshmukh threatened the people and stopped them from intervening. There is no dispute that Rahul Nair died on the spot. 5. Out of those persons, who were allegedly companions of Sachin Dangat as per the FIR, 3 persons, namely, Rakesh, Amol and the present applicant Siddheshwar Shelke had come to the Court as witnesses on that day as per the summons issued by the Court. They were all prosecution witnesses in Crime No. 272/2008 against Rahim Shaikh. During investigation, police recorded statements of two constables who revealed that Ankush Pawar and Rakesh Deshmukh were actually with the police constables at the time of this incident away from the spot of incident. In fact, evidence of Ankush Pawar was partly recorded on that day before recess time. In view of this, Ankush Pawar and Rakesh Deshmukh were granted bail by the Sessions Court. It may be added here that the order granting bail to those two persons has been challenged before the High Court and that petition is pending. Fact remains that as per the investigation, Rakesh Deshmukh and Ankush Pawar, who were prosecution witnesses on that day were in fact in the protection of police, when Rahul Nair was murdered, they could not be present at the scene of offence. The present applicant was also one of the prosecution 4 Cri-A-4494-574-10.sxw witnesses summoned on that day to give evidence against Rahim Shaikh, brother of the complainant Jafar Ismail Shaikh. Therefore, it is necessary to find out whether besides the FIR, there is any other evidence against the present applicant, who was also prosecution witness on that day. After perusal of several statements, it appears that no other eye-witness has stated the name of the present applicant as one of the assailants or the persons who had caught hold of Rahul Nair. 6. In view of the above circumstances, the applicant be released on his executing P.R. of Rs.25,000/- with one surety in the like amount with condition that he shall not tamper the prosecution evidence and shall attend Shivajinagar Police Station, Pune, on every Sunday, between 11 a.m. to 1 p.m. (J.H.BHATIA,J.)