1 Cri-A-33-11-&-31-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 33 OF 2011 WITH CRIMINAL APPLICATION NO. 31 OF 2011 CRIMINAL APPLICATION NO. 33 OF 2011 Pradeep Lahanu Dubey ... Applicant vs. State of Maharashtra .. Respondent WITH CRIMINAL APPLICATION NO. 31 OF 2011 Pradeep Lahanu Dubey ... Applicant vs. The State of Maharashtra ... Respondent And Manda Harishchanedra Gosavi. ... Intervener. Mr. Subhash Jha i/b. M/s. Law Global,Advocates, for the applicant. Ms. P.P.Shinde, APP, for the respondent - State. Shri Ganesh Gole, Advocate, for the Intervener (Appln.No.31/2011) CORAM: J.H.BHATIA,J. DATE : 3rd February, 2011. P.C. 1. The application No.31/2011 is filed by Manda Gosavi,mother of deceased Samir Gosavi, seeking leave to intervene and to oppose the bail 2 Cri-A-33-11-&-31-11.sxw application No.33/2011 filed by accused Pradeep Dubey. In the interest of justice, she is allowed to intervene. 2. Heard the learned Counsel for the applicant, the learned APP and the learned Counsel for the intervener. 3/ The prosecution case, in brief, is that one Rana Roy wanted to eliminate Sameer Gosavi because of certain business rivalry. On 4.12.2009, Rana Roy, accused NO.1 Bhalchandra Bhoir, accused No.2 Prakash Bhoir and one Guddu Chavan hatched conspiracy to commit murder of said Sameer and accused No.1 Bhalchandra told Rana Roy and Guddu Chavan that he would bring Sameer to his office at Petrol pump and finish him. Accused Guddu Chavan allegedly told that he would meet with all the expenses for execution of the plan. On 6.12.2009, accused Mahendra Bhoi, Jitu Bhoir, and Shailesh Kulkarni approached Sameer Gosavi and his companions Gyaneshwar Kolekar and Mahesh, who had come on the site near petrol pump and told them that Madhu Bhoir had called them at the instance of Rana Roy and Guddu Chavan. Accordingly, Samir, Mahesh and Gynaneshwar went to the said petrol pump belonging to Rana Roy. While Gyaneshwar remained outside the office, Mahesh and Sameer entered into his office. At that time, Mahesh and Mangesh were sitting in the office. They asked 3 Cri-A-33-11-&-31-11.sxw Sameer not to start construction work on the site near the petrol pump and they also abused him. At that time, accused Bhalchandra Bhoir, Prakash Bhoir, applicant Pradeep, Jitu, Shailesh, Mahendra entered into the office and they abused Sameer. Accused Ganesh, Mahendra and Madhu caught hold of Sameer and Bhalchandra fired at him with his revolver due to which Sameer was killed. Bhalchandra also fired towards Mahesh, but he escaped and ran away. When Mahesh came outside, he and his companion Gnyaneshwar were caught and beaten by about 25-30 persons. Their car was also damaged by those persons. Mahesh immediately went to Shivaji Nagar Police Station, Ambernath (East) and lodged a report on the basis of which Crime No.149/2009 under Sec. 302, 307, 427, 141 to 148, 323,504, 506 read with Sec.149, Sec. 120B of IPC and under the Arms Act was registered against several persons including the present applicant Pradeep Dubey. Later on, it was revealed that present applicant Pradeep Dubey and one Vinod Khule had also damaged the Innova Car of deceased Sameer. The application was arrested on 23.12.2009. Investigation is completed and charge sheet is also filed. 4. The learned Counsel for the applicant contended that Sameer, Mahesh and several other persons along with 50-60 persons had come to the spot to cause damage to the petrol pump and vehicles there and they had pelted stones and 4 Cri-A-33-11-&-31-11.sxw damaged the petrol pump and caused loss of Rs.50,000/- to Rs.55,000/-. About that Mangesh Bhoir lodged FIR on the basis of which Crime No.150/2009 was registered under Sections 143, 144, 149, 147, 48, 336, 427 of IPC and under the Arms Act. According to the learned Counsel, it is to be seen as to who was the real aggressive party. I am not impressed with this argument because the report lodged by Mangesh Bhoir could be a counter-blast just to to create defence. 5. It may be noted that Guddu Chavan, who was one of the conspirators, had filed an application to superior officers and on his request after filing of the charge sheet, the case was entrusted to State CID for further investigation. CID, filed a report under Sec. 169 Cr.P.C. and submitted that there was no material against Guddu and he was discharged. Therefore, said Guddu Chawhan was released. Admittedly, the discharge order has been challenged by filing a Writ Petition, which is pending before the High Court. 6. On perusal of the police papers, it appears that Rana Roy was the main person behind the murder of Sameer and conspiracy was hatched by Rana Roy accused Bhalchandra, Prakash Bhoir and Guddu Chavan and they had decided to kill Samir and called him in the office of the petrol pump of Rana Roy and which they did. From the facts noted above, after Sameer had come to the office, assailant Bhalchandra came in the office along with about six persons, 5 Cri-A-33-11-&-31-11.sxw including the present applicant. These persons abused Sameer. Three persons caught hold of Sameer and Bhalchandra shot him dead. Role of the present applicant was limited to accompanying Bhalchandra to the office and he along with many persons abused Sameer. Prosecution has not produced any material to show that Pradeep Dubey was part of the conspiracy or he had joined the conspiracy at any stage before the incident. In view of the role attributed to him, I find that bail can not be refused to him. 7. Therefore, the applicant be released on his executing P.R. of Rs. 50,000/- with one solvent surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend the police station every day between 7 p.m. and 8 p.m.till the end of trial. (J.H.BHATIA,J.)