Crim. Appln. No.5659/10 mmj IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5659 OF 2010 Lala @ Hiralal Mantha Mote ...Applicant. vs. The State of Maharashtra ...Respondents. Shri J.B.Kocheta for the Applicant Ms P.P.Shinde APP for the Respondent CORAM : J.H. BHATIA, J. DATED : 14th February, 2011 P.C. 1 The Applicant seeks to be released on bail in Crime No.85 of 2010 registered at Bhosari police station for the offence punishable under Sections 396, 302 read with Section 34 of the Indian Penal Code and Section 37(1) r/w 135 of the Bombay Police Act. 2 According to the prosecution deceased Guruvindersingh Darshansingh Bajaba son of the first informant Suman Darshansingh Bajaba was working as a driver. He left his house on 19-2-2010 in the morning for a trip to Bhivandi. On 20-2-2010 his dead body was found near the tea stall of Laxman Kayathe on mercedese road. Laxman Kayathe informed said Suman that during the previous night at about 10.30 p.m. 6 persons had beaten and assaulted one person with weapons Crim. Appln. No.5659/10 and after that they had left on motor cycle. Some amount and mobile of the deceased were missing. Later on the present Applicant and another Accused Yuvraj were arrested and during their interrogation it was revealed that present Applicant, one Bhavesh Gurnale, Harshal Syed, Yuvraj Tuvar and Anoop Kale had decided to commit dacoity on the road. Firstly they consumed beer near the stall or tapri at about 10.00 p.m. When these persons were proceeding on motor cycles one person asked for a lift. The present applicant gave the lift to that person and at some distance they stopped the motor cycle and asked him to hand over whatever money he had. That person objected and resisted, therefore he was beaten. The present applicant allegedly assaulted that person with a long sura or knief. Harshal Sayyed and the present Applicant had assaulted him with knives and robbed mobile and Rs.400/- and committed his murder. Other co-accused had assaulted him with kicks and fist blows. The said mobile was recovered from another accused Yuvraj while sura or knife was recovered on the basis of information given by the present Applicant. The report of chemical analyser reveals that the said sura was stained with human blood. During the investigation, it was also revealed that during the said night they had robbed one more person. Besides that, they had committed two more Crim. Appln. No.5659/10 robberies, in which they snatched mobile and some cash. The mobile hand set of another robbery was also recovered on the information given by the present Applicant. It is revealed that the Applicant was also involved in a robbery case of 2009. 3 The Learned Counsel for the Applicant contends that except recovery of the knife there is no material to connect the present Applicant with the robbery and murder of Guruvinder Singh. It is true that as far as the present case is concerned, except the recovery of knife there is no other evidence. However, that knife was found stained with human blood. Beside that the mobile hand set of the same dacoity was recovered from the co-accused Yuvraj. This also provides circumstantial evidence against the present Applicant. The circumstantial evidence in the whole case will have to consider together and not in piecemeal basis. Any how, taking into consideration the number of robbery cases in which the Applicant appears to be involved, he does not deserved to be granted bail. 4 Therefore, this Application stands rejected. (J.H. BHATIA,J.)