1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.117 OF 2011 WITH CRIMINAL BAIL APPLICATION NO.66 OF 2011 Kalidas B. Thale ...Applicant. v. The State ...Respondents. And Shri Dattu D. Kumbhar ...Intervenor Mr. H.S.Deshpande ,adv. For the Applicant. Ms Shakuntala Wadekar for the Applicant/Intervenor. Ms.P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 28, 2011. P.C. 1 Application No.66 of 2011 is filed by the original complainant seeking leave to intervene to oppose the bail application filed by the accused. In the interest of justice, application is allowed. 2 Heard the learned counsel for the parties. Perused the police papers. 3 Application seeks to be released on bail in crime no.25 of 2010 registered at Padgha police station under sections 302 r/w section 34 of the I.P.C. 4 As per F.I.R. lodged by the first informant/intervenor, 2 during the period of Ganpati Festival of 2009, the applicant had beaten his son Shivaji. A few days after that again he had beaten Shivaji , therefore, there was enmity between them. On 25.2.2010 at about 5 a.m. Shivaji left his house on motorcycle. Shortly after that Suchit Shantaram Jadhav informed Gurunath, another son of the informant, that his motorcycle was lying near Chaudhar Pada road. After that information they went to the spot of the incident where the motorcycle was found but Shivaji was not seen there. After a search, deadbody of Shivaji was found lying at distance of 100 feet from road. There were innumerable bleeding injuries on his person. In view of this the first informant Dattu lodged a report showing suspicion against four persons including the present applicant and at about 11 a.m. on the same day, offence came to be registered. According to the prosecution on 3.3.2010 on the basis of information given by the applicant, clothes, which were on his person at the time of incident and sword ,which was used as a weapon of offence were recovered. All these articles were sealed and seized under panchanama. C.A.Report reveals that human blood was found on the sword. On the clothes of the applicant, stains of human blood of group 'B' were seen. As per C.A.Report blood group of applicant is 'A'. From the C.A.Report, it is also revealed that blood group 3 of the deceased was 'B'. P.M. Report revealed in all 25 injuries on the deadbody. Most of them were stabbed wounds. Some of the injuries, out of serial nos.1 to 25, are infact multiple stabbed wounds. Besides stabbed wounds, number of fractures were also noticed. Injuries indicate that the deceased shivaji was mercilessly and brutally murdered. There is material to show that there was previous enmity and applicant had motive. Recovery of blood stained weapon and blood stained clothes are material evidence. Taking into consideration the circumstances, in my opinion, it is not a fit case to grant bail to the present applicant. 5 The learned counsel for the applicant contended that at about the same time, when the statement of accused were recorded leading to the discovery of weapon and clothes, he was tortured by police of which video film was taken by some constables. On the basis of complaint made by the applicant, a case has been separately registered against police personnel, who had allegedly tortured him. However, that is a different aspect and can not be mixed up with the present case. Taking into consideration the facts of the case if bail is granted, there is every possibility that accused may either abscond or may tamper with the prosecution evidence. 6 Therefore, application stands rejected. 4 Both the applications stand disposed off. (J.H. BHATIA,J.)