1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1803 OF 2011 Roshan Satyavan Patil ..Applicant. v/s. The State ..Respondent. Mr. H.S.Deshpande, adv. for the Applicant. Mr. Y.S.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 8th December, 2011 PC : 1 Applicant seeks to be released on bail in crime no.55 of 2010 registered with Murbad Police Station under Sections 302, 201 IPC. 2 Prosecution case in brief, is that, on 22.3.2010 Mahendra Mhatre and Waman Mahadu Wavekar were proceeding by XYLO car. After they crossed Shil Phata and were proceeding towards Taloja, oneTata Sumo vehicle overtook their XYLO car and made them stop. From that SUMO car, 7 or 8 persons came out. They included Akram, Anil and Makbul. They were armed with swords, choppers and other weapons. They broke open the glasses of the XYLO car and Akram pushed Mahendra Mhatre aside and took over the driving seat. Thus, he was abducted. Later on, the said assailants assaulted him with the different weapons and also 2 strangulated him with a belt. F.I.R. was lodged on 23.3.2010 by Kiran Mhatre wherein he disclosed that his brother had left the house and thereafter, he could not be contacted but his dead-body was found alongwith the vehicle. On that basis offence was registered. Statement of Waman Wavekar, who was eye witness of the incident, was recorded on 20.6.2010. He disclosed the above facts. Besides this, there were some more persons, who had seen Mahendra Mhatre being abducted though they had not seen him being assaulted or being killed. While in the statement of Waman, names of the three assailants Akram, Anil and Makbul are specifically mentioned. Names of the other assailants were not mentioned as they were unknown to him earlier. Admittedly, the Test Identification Parade was held and the present applicant was not identified as one of the assailants by any of the witnesses. 3 According to the prosecution, the present applicant was arrested on 22.6.2010 and on the basis of his confessional statement, the diamond ring of the deceased Mahendra and blood stained chopper were recovered. The C.A.Report reveals that on the chopper there was human blood but the group of that human blood could not be determined as the results were inconclusive. The learned counsel for the applicant points out that looking to the memorandum and seizure panchanama, it is doubtful if the weapon was actually sealed at the time of alleged seizure as the 3 sentence pertaining to sealing appears to have been added afterwards. The learned counsel also contends that mere seizure of the ring more than three months after the incident is not sufficient to conclude that the present applicant was one of the assailants, particularly when none of the eye witnesses identified him during the test identification parade. Taking into consideration the material on record, I see no valid reason to refuse bail to the applicant. 4 Applicant be released on his executing PR of Rs.25,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence. 5 Application stands disposed off accordingly. (J.H.BHATIA, J.)