MP 1 BA1628_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1628 OF 2011 Rajendra Dharma Patil ... Applicant Versus The State of Maharashtra ... Respondent Mr. Rahul Arote, Advocate for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 29TH NOVEMBER 2011 P. C. : Heard. 2. The applicant seeks to be released on bail in crime No.180 of 2010 registered with New Panvel Police Station for the offences punishable under Section 302 r/w. Section 34 of the Indian Penal Code. 3. Prosecution case is that, on 03.11.2010, present applicant committed murder of one Kiran Balaram Patil by stabbing, while, his brother Damodar Patil had caught hold of said Kiran. The learned Counsel for the applicant contends that said Damodar has been granted bail by this Court by order dated 05.07.2011. While granting bail, this Court noted that said Damodar had only caught hold of Kiran, while, the present applicant had actually stabbed Kiran. The post-mortem report shows that the deceased had suffered the stab wound on the left buttock size 5 cm. length, 3 cm. breadth and 17 cm. deep and also incised wound on the left elbow and forearm. The cause of death was massive hemorrhage due to stab wound on the left buttock. The breadth and the depth of the stab wound show that very heavy and long weapon was used for the MP 2 BA1628_11 purpose of stabbing and the great force must have been used. Merely because the accused stabbed on the buttock, it cannot be said that his intention was only to cause some minor injury. The applicant is in jail for last one year. Charge- sheet has been filed and the case is already committed to the Court of Sessions. In my opinion, it would not be proper to grant bail to the present applicant as he may either abscond or he may tamper with the evidence. However, it would be appropriate to give directions for early disposal of the case. 4. Therefore, the application stands rejected. However, the learned Sessions Judge, Alibaug shall see that the trial of the sessions case arising out of this case be expedited and disposed of as early as possible and in any case by the end of March 2012. (J. H. BHATIA, J)