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. 582 OF 2009 CRIMINAL APPLICATION NO. 582 OF 2009 CRIMINAL APPLICATION NO. 582 OF 2009 Ganesh Hanumant Ghuge ...Applicant vs. The State of Maharashtra ...Respondent Mr.Shirish Gupte, Sr.Counsel i/b. Ms.Ruchita R. Dhuru for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 23, 2009 DATED : MARCH 23, 2009 DATED : MARCH 23, 2009 P.C. :- P.C. :- P.C. :- 1. The applicant has been arrested in connection with an offence punishable under Sections 363, 364A, 302, 201, 341, 342, 120B read with 34 of the IPC. The applicant is the original accused no.2. A missing complaint was filed by the wife of the deceased on 27th June, 2008. Thereafter, on 9th July, 2008, a missing complaint was converted into the offence punishable under Section 302 and other offences as mentioned hereinabove. On 10th July, 2008, the present applicant alongwith others were arrested. The application for bail filed by the applicant was rejected by the Sessions Court. Charge-sheet already has been filed. 2. Shri Gupte, learned Senior Counsel for the - 2 - applicant submitted that the only material which is on record against the present applicant is that alleged recovery of Rs.1 lakh which was allegedly deposited by the applicant’s brother in credit society and recovery of six Sim cards from his person. It is submitted that that being the position and since there is no other material on record, the applicant deserves to be released on bail. 3. Prosecution case in brief is that one Hanumant Navnath Aatkar was a chairman of credit society and the applicant and others conspired together to kidnap him and to ask for ransom of Rs.10 lakhs. It is alleged that accordingly, said Hanumant Aatkar was kidnapped on 25th June, 2008 in an Indica car bearing No.MH-13-B-2227. He was confined in the field of one Shivlal shah and thereafter, demand of Rs.10 lakhs was made. The said amount was delivered, however, after receipt of the said amount, the accused killed Hanumant Aatkar by strangulating his neck and thereafter disposed of his body by throwing it under the bridge. The police traced mobile phone and on the basis of the said mobile - 3 - phone, all the accused were arrested. It is found that the said Indica car in which the deceased was kidnapped belonged to the present applicant. The present applicant, apart from the recovery of six Sim cards which was found on his person, also had taken the police to the lady where part of ransom amount was kept who then informed the police that part of the amount was kidnapped in a box which was hidden at the particular place. The balance ransom amount has been recovered at the instance of accused no.1. In the present case, the entire case rests on circumstantial evidence. There are no eye witnesses to the said incident. Looking at the gravity of the offence and the manner in which the said offence has been committed, prima facie, in my view, there is some material which shows the involvement of the present applicant. If bail is granted to the applicant, there is every possibility of the applicant threatening the witnesses or tampering with the evidence. Under these circumstances, in my view, for all the aforesaid reasons, the applicant is not entitled to get bail. - 4 - 4. The application for bail is rejected. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)