1 BA-1087-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1087 OF 2011 Sanjay Sidram Kamble ... Applicant vs. State of Maharashtra ... Respondent Mr.Sanghraj Rupwate, i/b. P.G.Sarda, Advocate, for the applicant. Mr.Y.S.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 21st November, 2011. P.C. 1. Heard. The applicant seeks to be released on bail in Crime No. 188/2010 registered with Sahakarnagar Police Station, Pune, for the offences punishable under Sections 143, 147,148, 302,307 read with Section 149 of IPC and under the provisions of the Bombay Police Act. 2. Prosecution case, in brief, is that on 9.6.2010,the first informant Amol Waghmare and his brother deceased Suresh got telephonic message that one Chavan from Swami Samarth Nagar had called for repairing cable and for taking the charges. Therefore, Amol Waghmare and Suresh went to Swami Samarth Nagar on their motorcycle. At that time, a four-wheeler vehicle Quallis came 2 BA-1087-11.odt from behind and dashed against the motorcycle, due to which both of them fell down. From that vehicle, Datta Kamble, sanjay Kamble, Shekhar Malekar, Dayanand Shinde came down with sticks, swords, etc. and they began to assault Suresh. Two others came by a motorcycle. Due to fear of assault, Amol ran away from the spot and within a short time he came back. Suresh suffered large number of injuries on his person. Amol suffered fracture on left leg due to dash of the Quallis. Amol lodged report at the Police Station. Suresh was taken to Hospital where he was declared dead. Post-mortem report reveals that Suresh had suffered as many as 34 incised and stab wounds as well as number of contusions on the differemt parts of body, including the vital parts. As per the P.M. report, death occurred due to shock and haemorrhage due to multiple injuries. It reveals that he was mercilessly killed by large number of people. 3. The learned Counsel for the applicant points out that in the FIR lodged immediately on 9.6.2010, the present applicant was shown as one of the persons who was armed with sharp and cutting weapon. In the Supplementary Statement recorded on 17.6.2010, it is shown that he had assaulted with bricks and kicks and fist blows. In the supplemental Statement, Amol stated that at the time of lodging the report, because of the serious incident, he had mixed up the facts and, according to him, three persons had actually assaulted with sharp weapons 3 BA-1087-11.odt like sticks, swords, etc. while the remaining persons had beaten him with bricks and fist and kick blows. The learned Counsel for the applicant contends that in view of the role attributed to the present applicant in the Supplemental Statement, he deserves to be granted bail. 4. Taking into consideration the circumstances in which the deceased was assaulted by seven persons, who had come together on a Quallis and a motorcyhcle. Out of them three persons mercilessly assaulted him with sharps and cutting weapons causing 34 injuries and others also beat him with fist and kick blows and bricks. This shows the common intention of all the persons who had participated in the offence. Taking into consideration brutal killing of the decease, prima facie, there was common intention and/or common object of all these persons. Therefore, it will not be in the interest of justice to grant bail to the accused. If bail is granted, there is every possibility that the accused may either abscond or may tamper with the evidence and may cause threat to the lives of the eye-witnesses. 5. Therefore, the application stands rejected. (J.H.BHATIA,J.)