1 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1254 of 2011 Maqbool Nazir Hawaldar ... Applicant (Original accused) -Versus- The State of Maharashtra ... Respondent (Ori. complainant) Mr. Mubin Solkar for applicant. Mrs. G.P. Mulekar, APP for State. CORAM : SMT. R.P. SONDURBALDOTA, J. Date : 23rd November, 2011. P.C.:- 1. This is the application for bail filed by the applicant, who is charged for the offences punishable under Section 302 Indian Penal Code, in respect of murder of one Alka on 8th October 2010 in her residential premises. The complainant is her husband. On 8th October 2010, at about 3.00 a.m., the complainant found body of his wife lying in the pool of blood tied to a revolving chair in the house. 2. The applicant was earlier employed as a servant by the complainant in his shop. He had been removed from the 2 service, because the applicant was in the habit of committing thefts. Thereafter the applicant had been visiting the wife of the complainant requesting for re-employment. The applicant came to be arrested in the offence on 24th October 2010. A mobile hand set of Nokia Company and a purse belonging to the deceased was recovered at the instance of the applicant. 3. The Learned APP opposes the application stating that the trial in the sessions case has already commenced and the complainant is in the witness box for his examination-in-chief. She also states that the prosecution proposes to examine in all 25 witnesses. 4. The learned counsel for the applicant submits that even if the evidence in the matter has started, there is no possibility of conclusion of the trial in near future. He also submits that the evidence collected by the Police is not sufficient to connect the applicant to the offence of murder. He next submits that the motive assigned to the applicant by the complainant is different from that stated by the other witnesses. The motive assigned by the complainant is of removal from service whereas that assigned by some of the witnesses is refusal by the deceased to reemploy him. The variance in the statements of the complainant and the witnesses as regards motive of murder cannot be considered at this stage. Besides, perusal of the material on record shows that there is sufficient material to connect the applicant to the 3 offence of murder. In view of the fact that the trial has already been started, it would be unsafe to release the applicant on bail as the trial is likely to be affected. Hence, the application is dismissed. (Smt. R.P. SondurBaldota, J)