1 Appln 5350-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5350 OF 2010 Krishna Kashinath Patil ..Applicant V/s. The State of Maharashtra ..Respondent WITH CRIMINAL APPLICATION NO.5607 OF 2010 Satish Yeshwant Patil ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.P.Mundargi, Senior Counsel with Mr.Kedar J. Patil, for the Applicant in Cri.Appln.No. 5350 of 2010 Mr.A.P.Mundargi, Senior Counsel with Mr.Vishwas Chitnis, for the Applicant in Cri.Appln.No.5607 of 2010 Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 25TH MARCH, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. These are the applications for bail by persons arrested in connection with C.R.No.I-45 of 2010 for the offence punishable 2 Appln 5350-2010 under Sections 302, 307 read with Section 34 of the Indian Penal Code and Section 3(25) of the Indian Arms Act registered, with Uran Police Station, District Raigad. 3. The applicants in the two applications are persons, whom the deceased named in the oral dying declaration, to be involved in conspiracy as a result of which the deceased was liquidated. Investigation is complete and the charge sheet has been filed. As far as Krishna is concerned, except for his presence at several discussions, there is no role ascribed to Krishna in the hatching of conspiracy. Co-accused Pradeep Mahadev Mali, who, in fact, was the person present at the time of meeting, has been admitted to bail by the Order passed on Criminal Application No. 120 of 2011. Therefore, merely because Krishna's name appeared in the dying declaration made by the victim in which the victim does not state that Krishna had 3 Appln 5350-2010 actually said about eliminating him. Applicant Krishna's being in custody for the purpose of trial may not be necessary. He be released on bail on his furnishing P.R.Bond of Rs.15,000/- with one or more solvent sureties in the aggregate sum of Rs.15,000/- on the condition that he shall attend Uran Police Station on every Sunday between 10:00 a.m. to 1:00 p.m. 4. As far as Satish is concerned, his previous application for bail was heard by me and the same was allowed to be withdrawn with the rider that unless there is any change in the circumstances, Satish will not be allowed to file a fresh application. Now, this fresh bail application has been filed on the basis of some information, which the family members of Satish secured under the Right to Information Act. The information secured and responses of the investigating officer thereon are thoroughly dis-satisfactory & show the 4 Appln 5350-2010 lack of cohesion in the police department. The attempt to white wash by the ACP by filing an Affidavit is unlikely to add to the strength of the prosecution. All the same, this cannot be a change in the circumstances. Complicity of Satish in the conspiracy is indicated not just by the fact that he was named by the victim in the oral dying declaration, but even by other witnesses, who state that it was Satish who was to secure entry for Pappu in the trade of sludge oil, and Satish had told Pappu that he would secure entry for Pappu but Pappu would have to do what the Satish would ask of him. Satish had again stated to Pappu, Padya and Pintya that he will pay them money as well as percentage. This material collected in the investigation has not been dented by what the applicant has secured under the Right to Information Act, which is about the registration of a NC case about the incident dated 22nd or 27th March, 2011. 5 Appln 5350-2010 5. In view of this, applicant Satish is not entitled to bail. His application is rejected. (R.C.CHAVAN, J.)