1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2859 OF 2010 Swarupsing Shankarsingh Padvi Applicant Versus The State of Maharashtra Respondent Mr.Amit Savale, advocate for the applicant. Mr.P.P.More, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 11 th August, 2010. P.C.: 1 By the present application, the applicant has approached this Court for his release on bail in connection with CR No.78/09, registered in Akkalkuwa Police Station, District Nandurbar, for the alleged offence under Section 302 of the Indian Penal Code, in which, the applicant came to be arrested on 12.12.2009. In the said crime, after completion of investigation, charge sheet was filed in the Court of J.M.F.C., Taloda on 05.03.2010 and vide order dated 22.03.2010, the trial is committed to the Court of Sessions i.e. Additional Sessions Judge, Shahda and numbered as Sessions Case No.70/10. 2 2 Considering the submissions across the bar and considering the way and manner the incident was reported in the Police Station, that is considering the relations between the applicant and deceased, as the applicant is nephew of deceased Damu Jirya Padvi, there is dispute over the agricultural land between the nephew and uncle as well as there is suspicion in the mind of the nephew i.e. applicant about illicit relations of his uncle with his spouse and it is stated in the complaint, which is reported in Police Station Akkalkuwa on 09.12.2009 around 11.30 a.m., that on 08.12.2009 in the evening, applicant saw his uncle proceeding towards agricultural field. On the next day morning around 7.00 a.m., the applicant tried to wake up his uncle to take tea, but it is noticed that movements of deceased are silent. The shawl on the person of deceased was removed and at that time, he noticed bleeding injury on the neck of uncle and also bleeding injury to private parts of deceased uncle. He reported the incident to the Police Patil and others. Thereafter the villagers gathered in the field and as per the advice, the incident was reported in the Police Station of murder of uncle of the applicant for unknown reasons against unknown persons. 3 Before proceeding further, it is to be noted that further investigation revealed that present applicant is the author of that crime as, after he was arrested on 12.12.2009 in connection with the crime, he confessed about his crime and at his instance 3 recovered the weapon to strangulate neck of the deceased i.e. cable wire as well as sickle used to cut partially the private parts of deceased two days thereafter. No doubt, the C.A. report is awaited, even though charge sheet is filed, the Court has to bear in mind that at initial stage the applicant himself misguided the police authorities to register the offence against unknown persons when he himself is the author of that crime. 4 No doubt, the case is based on circumstances. The circumstances against the applicant are that there is dispute over agricultural land owned by the applicant and his deceased uncle, as the applicant is claiming share in the land owned and possessed by his uncle – deceased. Another circumstance, he is suspecting about the illicit relations of deceased with his spouse. The third circumstance, the recovery of instruments used to strangulate the neck of deceased as well as to cut the private organs of deceased. Considering these aspects and the way and the manner the applicant tried to conceal the evidence as well as misguided the investigating agency, it is not safe, if released on bail, that he will face the trial properly without tampering the evidence of prosecution witnesses. 5 Even though it is urged that the applicant is otherwise implicated in the present offence, cannot be accepted at this stage and even though the investigation is over, this is not a fit case to exercise discretion to release the applicant on bail. 4 6 Hence the following order: ORDER (a) Criminal Application stands rejected. (b) Applicant is at liberty to move the trial Court for expeditious hearing of the trial, as trial is already committed to the Court of Sessions. (A.V.POTDAR) JUDGE ******* adb/criapln285910