1 ba1738.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1738 OF 2011 Nagesh @ Nagnath Mahadeo Hadpad ...Applicant Vs. State of Maharashtra ..Respondent Shri P.G. Sarda for the Applicant. Mr. Y. S. Shinde, APP for the Respondent-State. CORAM : J.H. BHATIA, J. DATE : 16TH NOVEMBER, 2011. P.C. 1. The applicant, who is accused No.1 in Crime No. 80 of 2011 registered with Sadar Bazar Police Station, Solapur for the offence punishable under section 302, 143, 147 read with section 149 of Indian Penal Code, seeks to be released on bail. 2. The prosecution case in brief is that on 10th March, 2011, firstly at 2 p.m., then at 6 p.m. and then at 10.30 p.m. the present applicant Nagesh alongwith 10 to 12 other boys went to the house of deceased Vinod @ Gundappa Supate and inquired as to where he was. The accused was told that said Vinod @ Gundappa was not at his house and had gone out of the house. Every time, the present applicant gave threats and left the house of 2 ba1738.11.sxw Vinod @ Gundappa. At about 10.45 p.m. the present applicant and his 10 to 12 other companions found said Vinod @ Gundappa near Jagjivanram slum area and severely beat him with fist and kick blows and because of the beating, he become unconscious. Some people, who had assembled there, took him to hospital but he was declared dead before admission. The mother of the deceased got information. She rushed to the spot and then to the hospital and filed report to the police on the basis of which the offence was registered. There are number of witnesses about beating to the deceased with fist and kick blow by the present applicant and his companions. 3. The learned Counsel for the applicant contends that the post-mortem report does not reveal any external injury and that the post-mortem report revealed that there was heavy concentration of alcohol and that he had died because lungs were congested. He also contended that five other accused persons have been granted bail and on the ground of parity, the present accused also deserves to be granted bail. 4. The post-mortem report does not show external injuries but at the same time it reveals that all the vital organs of the body were congested and this could be possible due to the beating with fist and kick blows, particularly on the abdomen and chest. There are number of witnesses, who have stated before the police about beating by the present applicant and his companions. If the incident would have occurred abruptly, matter would be different but in the present case the applicant alongwith 10 to 12 other boys repeatedly went to the house of the deceased and was searching him since 2 p.m. and finally he caught hold of the deceased, severally beat him and as per the statements of the witnesses the deceased Vinod @ Gundappa became 3 ba1738.11.sxw unconscious during the beating by the accused persons. The benefit of parity also cannot be given to the applicant because the present applicant Nagesh was leading the group of all boys. The names of the other accused persons are not given in the FIR or in the original statements. Every where there is a reference to the present applicant Nagesh, who was leading the group of the boys and was searching the deceased. He had repeatedly given threats and finally he and his companions beat him severely with fist and kick blows on the abdomen and chest resulting his death. The CA. report and other evidence can be looked into at the time of trial. If the present applicant is granted bail, there is every possibility that he may tamper with prosecution evidence and cause danger to life of other witnesses. 5. Therefore application stands rejected. As the applicant is in custody since last eight months and the charge sheet is already filed, the trial Court shall expedite the trial and dispose of the case as early as possible and preferably by the end of February, 2012. ( J.H. BHATIA , J.)