IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1904 OF 2008 CRIMINAL APPLICATION NO. 1904 OF 2008 CRIMINAL APPLICATION NO. 1904 OF 2008 Prashant Jaysing Mane. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Kedar J. Patil for the applicant. Ms.A.T.Zaveri, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 24th June 2008. DATED: 24th June 2008. DATED: 24th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in connection with C.R.No.103/2007 registered with Gandhinagar Police Station, Kolhapur for the offences punishable under section 302 read with section 34 of Indian Penal Code. 3. The applicant has invoked jurisdiction of this Court after having suffered adverse order in the hands of Fifth Sessions Judge, Kolhapur dated 2nd May, 2008. The learned Sessions Judge while rejecting the bail application of the applicant has observed as under: "6. Having regard to the submissions of both sides, as well as the perusal of the police case papers, it reveals that the deceased, present applicants and another one accused having formed gang to collect Khandani from the shop holders. There was dispute amongst them about the distribution of share from the collection and which has resulted into occurrence. The investigation is over which has collected ample evidence against the present applicants. The applicants have criminal antecedents and if we consider the manner in which the alleged incident is occurred it is very risky to say the applicant will abide the conditions, if any imposed. There is ample evidence against the applicants which has fear of tampering at the hands of the present applicants. There is no case appears disputing the cause of death of the deceased for holding it is suspicious, rather than the alleged assault at the hands of the present applicants. At this juncture I am of the view that at the most, the matter can be expedited rather than giving the applicants an opportunity to tamper the prosecution evidence. The grounds given by the applicants for their release on bail are not considerable....." 4. Having seen the material available on record and the law laid down by the Apex Court in the case of Ram Govind Upadhyay v. Sudarshan Singh Ram Govind Upadhyay v. Sudarshan Singh Ram Govind Upadhyay v. Sudarshan Singh, AIR 2002 SC 1475, this is not a fit case for grant of bail. No case is made out to take contrary view than the view taken by the leaned Sessions Judge in his order dated 2nd May, 2008. 5. In the result, application is rejected. JUDGE JUDGE JUDGE