MP 1 BA1581_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1581 OF 2011 Somnath Dhondiba Kale and another ... Applicants Versus The State of Maharashtra ... Respondent Mr. Shriram Chaudhari, Advocate for the Applicant. Smt.P.P. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 24TH NOVEMBER 2011 P. C. : The applicants seek to be released on bail in crime No.74 of 2011 registered with Bhosari Police Station, Pune for the offences punishable under sections 302, 364 r/w. Section 34 of the Indian Penal Code. 2. Prosecution case, in brief, appears to be that deceased Ramesh Bhutkar had illicit affairs with one Vaishali Date. Applicant No.1 Somnath Kale is brother of Vaishali. Applicant No.2 Afroz Nawab Mulani is a friend of applicant No.1 Somnath. On 02.03.2011, Ramesh was at the house of Vaishali. At that time, the present applicants and their friend Damya came there by pago rickshaw and they beat Ramesh with fist and kick-blows and Somnath asked him as to why he was maintaining illicit affairs with Vaishali. He also threatened to kill him. Saying so, the present applicants and their companion Damya caught hold of Ramesh, dragged him and forcibly put him in pago rickshaw and thereafter they went away. It appears that to defend himself, Ramesh took out a knife and wanted to assault applicant No.1 but he was overpowered and the knife was taken away from him. After that, present applicants took him to a compound behind Sadguru Nagar, and there the applicants and their companion again assaulted said Ramesh. Next morning, MP 2 BA1581_11 his dead body was found with several injuries. Post-mortem report reveals that he had suffered several injuries including stab wounds on the chest and abdomen and depressed lacerated wound on the right side of parietotemporal region of scalp with a fracture besides some other injuries. The death had occurred due to traumatic and hemorrhage shock due to crush head injury and the stab wound on the chest and abdomen. 3. Though there is no direct evidence of assault with a knife by the applicants, there is sufficient circumstantial evidence in the form of motive and the direct evidence about abduction of the deceased by the present applicants, assaulting him with fist and kick-blows and taking him to a particular premises where the dead body was found. Besides this, there is also extra-judicial confession of the accused and the recovery of blood stained clothes and weapon. Taking into consideration the material on record, there is a prima facie case of murder against the present applicants. It would be unsafe to grant bail to the applicants pending the trial. The accused may either abscond or may endanger life of the other witnesses if bail is granted. 4. Therefore, the application stands rejected. 5. As the applicants are in jail for last about eight months, the trial Court shall expedite trial of the case and dispose it of as early as possible and preferably within six months. (J. H. BHATIA, J)