MP 1 BA1786_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1786 OF 2011 Nandkumar Padmakar Patil ... Applicant Versus The State of Maharashtra and another ... Respondent Mr. Uday P. Warunjikar i/b. Mr. Subhash Hulyalkar, Advocate for the Applicant. Mr. Y. S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 29TH NOVEMBER 2011 P. C. : The Applicant, who is accused in crime No.150 of 2009 registered by the Kalyan police station under Section 302 of the Indian Penal Code, seeks to be released on bail. 2. Prosecution case, in brief, is that on 31.10.2009, deceased Bharat B. Patil was found dead apparently in motor accident, in which his own bike was dashed by some unknown vehicle. On 16.11.2009 his brother Sharad B. Patil gave a brief written report at police station Titwala wherein it was alleged that as per the investigation made by himself, one Gopinath Patil and his eight companions had planned and as per the plan, motorcycle of Bharat was dashed with a four wheeler due to which Bharat fell down from the motor cycle and, thereafter blow with some hammer was given on the head as a result of which he died. He gave the names of all the nine suspects in the said statement. It appears that for the first time on 22.01.2010, a detailed statement of Sharad Patil was recorded wherein he disclosed that he and his two brothers namely Bharat and Balkrishna had jointly purchased three gunthas of land and the MP 2 BA1786_11 present applicant, who is their cousin had played a fraud and obtained sale deed of the said land from Balkrishna alone. When this fact came to the knowledge of Sharad and Bharat, Bharat had asked accused Gopinath to re- convey the land to them and this resulted in some quarrel and Gopinath had threatened to finish him. He gave the details as to how as per his information conspiracy was hatched and executed. It appears that on the basis of information given by accused Bhola, who is brother of said Gopinath, Santro car was seized and it was found that front left side bumper of the car was damaged and it was got repaired one day before its seizure. The damaged bumper and the bill of repairing were also recovered. After investigation, charge-sheet was filed. 3. As per the directions given by this Court in order dated 12.01.2011 in criminal application No.4501 of 2010 filed by another accused Gopinath, the investigation was entrusted to C.I.D. The learned APP, on instructions from the D.S.P., C.I.D. who has investigated the case thereafter, makes a statement that during the investigation one hammer was recovered which was allegedly used for giving a blow on the head of the deceased causing his death. It is contended that some blood stains were also found on the same. As per the CA report, the blood group could not be determined as the results were inconclusive. The hammer was recovered on the basis of the information given by another accused Harichandra and not by the present applicant. The front side bumper of the car which had allegedly given dash to the back side portion of the motorcycle of the deceased Bharat and the said portion of the motorcycle were also referred to the CA to find out whether these two had come into contact. However, the CA report does not provide any support to the prosecution in this respect. Admittedly, there was no eyewitness. Taking into consideration all these facts and circumstances, it is difficult to find any reason to refuse bail to the present applicant. MP 3 BA1786_11 4. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one surety in like amount with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)