1 BA-1012-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1012 OF 2011 Santosh Bhimrao Devkar ... Applicant (Orig. accused No.1) vs. The State of Maharashtra ... Respondent Mr.D.S.Mhaispurkar,Advocate, for the applicant. Mr.Y.M.Nakhwa,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 14th November, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.324/10 registered at Manpada Police Station under Sections 302, 452 read with Sec. 34 of IPC and Section 37(1),135 of the Bombay Police Act and Section 27 of the Arms Act. 2. As per prosecution case, on 29.9.2010, at about 7.30 p.m. when the first informant Rahul opened the door of his house, he found his father Shankarkumar Bose in a pool of blood with several injuries on his person. A long knife was also lying near him. He was taken to hospital by Ambulance and was declared dead. The FIR was lodged against unknown persons. 2 BA-1012-11.sxw 2. The deceased was having educational institutions and the present applicant was one of the employees in that institution. As per the statements of several witnesses, on 2.10.2010, the present applicant and another employee Sharad Dombre made extra-judicial confession before the Principal of the College, i.e. Rekha Naik and other witnesses that they had been to the deceased to demand their dues, but they were given humiliating treatment and no payment was made and therefore, they got annoyed and assaulted said Shankarkumar Bose with sharp weapons and caused his death. Besides, extra-judicial confession in presence of so many persons, there is also recovery of weapons and blood stained clothes from the present applicant. On the shirt of the present applicant , human blood of group "A" was found. That appears to be the blood group of the deceased if the C.A. report is carefully perused. Taking into consideration the nature of offence and extra-judicial confession, it is not a fit case to grant bail. If bail is granted, there is every possibility that the applicant may either abscond or may try to tamper with prosecution evidence. The lives of witnesses may also be endangered. Therefore the application stands rejected. (J.H.BHATIA,J.)