1 BA-533-752-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 533 OF 2011 ALONG WITH CRIMINAL APPLICATION NO. 752 OF 2011 CRIMINAL APPLICATION NO. 533 OF 2011 The State of Maharastra ... Applicant/appellant (Orig. complainant) vs. 1. Arjun Bhiwa Gondhali ) 2. Pradeep Namdeo Gondhali ) Respondents (Orig.accused Nos.3 & 4) ALONG WITH CRIMINAL APPLICATION NO. 752 OF 2011 The State of Maharashtra .. Applicant (Orig. complainant) vs. 1. Rajv Dinkar Gondhali 2. Nilesh Dinkar Gondhali 3. Vijay Dinkar Gondhali .. Respondents (Orig.accused Nos. 3 to 5) Mr. Y.S.Shinde,APP, for the applicant – State. Mr. S.V.Marwadi, Advocate for the respondents Nos. 1 to 3 (in B.A. No.752/2011) CORAM: J.H.BHATIA,J. DATE : 14th November, 2011. P.C. 1. Heard the learned APP for the State and Mr. Marwadi, learned Counsel for the accused/respondents in Application No.752/2011. None for the 2 BA-533-752-11.sxw respondents in Application No.533/2011. 2. These two applications are moved by the State for cancellation of bail granted to the respondents in Crime No.114/2008 registered with Diaghar Police Station. These respondents and some other accused were granted bail in C.R.No. 114/2008 with certain conditions. Later on, Gurunath-complainant in that case was also murdered and Crime No.171/2008 came to be registered. According to the prosecution, the accused persons had thereby not only tampered with the evidence, but they murdered important witness of Crime No.114/2008. It also caused apprehension in the mind of other witnesses about safety to their life. Therefore, on behalf of the State, two applications were moved before the Sessions Court, Thane for cancellation of bail granted to in all nine persons. By order dated 24.9.2010 passed in both the applications, the learned Addl. Sessions Judge, cancelled the bail granted to four accused persons, viz. Sanjay Balaram Gondhali, Dinesh Janardan Gondhali, Sandeep Gondhali, and Balaram Gondhali. However, the applications for cancellation of bail in respect of the respondents, viz. Arjun Bhiwa Gondhali, Pradeep Namdeo Gondhali, Rajiv Dinkar Gondhali and Nilesh Dinkar Gondhali came to be rejected. Therefore, the State has preferred these two applications before this Court for cancellation of bail in respect of those accused persons who are respondents in the present applications. 3 BA-533-752-11.sxw 3. The learned Addl. Sessions Judge has minutely considered the applications moved by the State and the material placed before him for cancellation of bail of the accused persons. The learned Addl. Sessions Judge pointed out that in the FIR in Crime No.171/2008, the names of the present respondents were not shown as culprits. Only one person's name is mentioned. It was mentioned that one Sanjay and 15 or 16 others had assaulted Gurunath and caused his death. Thereafter statements of some other witnesses were recorded. They also disclosed some names. Neither in the FIR nor in the original statements of the witnesses, names of the present respondents were mentioned as the assailants. Their names came to be disclosed much later in the supplementary statements of witnesses. On the basis of the supplementary statements involving the respondents in the latter case i.e. Crime No.171/2008, the prosecution seeks cancellation of bail. Taking into consideration the material considered by the Sessions Court and the above facts, I do not see any valid reason to cancel the bail granted to the respondents. 4. Therefore, these applications stand rejected. (J.H.BHATIA,J.)