1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.131 OF 2011 WITH CRIMINAL APPLICATION NO.98 OF 2011 Kishor Balkrishna Ghag ...Applicant. v/s. The State of Maharashtra ...Respondent. WITH CRIMINAL BAIL APPLICATION NO.161 OF 2011 WITH CRIMINAL APPLICATION NO.99 OF 2011 Shri Baliram Vishwanath Ghag ..Applicant. v/s. The State of Maharashtra ..Respondent. WITH CRIMINAL BAIL APPLICATION NO.217 OF 2011 Shri Farman Ismail Kazi ...Applicant. v/s. The State of Maharashtra ...Respondent. Mr. M.K.Kocharekar i/by Sandeep Babar, advs. for the Applicant/s. Smt. P.P.Shinde, APP for the Respondent/State. Smt. G.P.Mulekar, APP for the Respondent/State (in B.A.No.217/2011). Shri P.D.Dalvi, adv. For the Intervener/s. (in APPP Nos.98/2011 and 99/2011) CORAM : J.H. BHATIA, J. DATED : MARCH 3, 2011. P.C. 2 1 Application Nos.98 of 2011 and 99 of 2011 are filed by widow of the deceased Pravin Ghag seeking permission to intervene to oppose the applications filed by the three accused persons. In the interest of justice, these applications are allowed and she is permitted to intervene. 2 Heard. Prosecution case, in brief, is that the accused no.1 Sangita Ghag, accused no.2 Kishor Ghag, accused no.3 Farman Kazi had a panel during the Gram Panchayat elections. At that time some disputes had occurred with deceased Pravin Ghag. Sangita threatened the deceased Pravin and his wife with serious consequences as the deceased Pravin was spreading some mis information and defaming her. On 16.8.2010 at about 5.30 a.m. the deceased Pravin left his house to release water from the water supply system of Gram Panchayat as he was working as a attendant-cum-clerk with the Gram Panchayat. Normally he used to come back at about 8.30 a.m. after completing his duty but on that day he did not come back. During the search, at about 8 p.m. his deadbody was found in a well. P.M.Report reveals several injuries and fractures of the frontal bone and right parietal bone. All these injuries were ante-mortem. Autopsy surgeon opined that death had occurred due to neuro-hemorrhagic shock due to injury to brain tissue due to head 3 injury. It appears that after committing murder, his deadbody was thrown in a well. During the investigation, it was revealed that accused no.2 Kishore Ghag, Accused no.3 Farman, another accused Sahil and two other persons and Sangita had hatched conspiracy to commit murder. There is sufficient evidence to connect them with the offence. As far as accused Baliram is concerned except suspicion shown against him there is no material. Taking into consideration the material on record, I am not inclined to grant bail to accused no.2 Kishor and accused Farman. However, bail can not be refused to accused Baliram against whom there is no material except suspicion. 3 Therefore, Criminal Application Nos.131 of 2011 and 217 of 2011 are hereby rejected. Criminal Application No.161 of 2011 is granted. Accused Baliram be released on his executing PR of Rs.20,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H. BHATIA,J.)