1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2975 of 2009 Kiran Dyanoba Randive ... Applicant versus The State of Maharashtra ... Respondent ... Mr.A.P. Mundargi, Sr. Advocate with Mr.Avinash Kamkhedkar for the applicant. Ms. M.H. Mhatre APP for the State. CORAM : D.G. KARNIK, J. DATED : 9th March 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R.No. 381 of 2008 registered at Dehu Road Police Station, Pune for an offence punishable u/s.302 r/w section 34 and 120B of the IPC. 2 3. On 6 th December 2008, Vaibhav Mehetre (hereinafter referred to as “deceased”) was assaulted with sharp weapons in the evening at about 7.30 p.m by a few persons. The deceased was shifted immediately to an ICU ward in Niramay Hospital, Chinchwad. He succumbed to the injuries four days later i.e. 10 th December 2008. Two days after the assault, on 8 th December 2008, a FIR was lodged by the father of the deceased initially for an offence punishable u/s.307. On death of the deceased, section 302 has been applied. In the FIR, the father of the deceased narrated about a quarrel which had taken place a few days ago between the deceased and Suresh R. Mehetre, his brothers and nephews - distant relatives of the deceased. He therefore expresses suspicion about involvement of Suresh R. Mehetre and his nephew in the crime. After investigation, Rishikesh Mehetre, the nephew of Suresh R. Mehetre was arrested so also the present applicant. The applicant is in custody since 12 th December 2009. 4. Charge-sheet has been filed and copies thereof are produced for my inspection. Learned APP submitted that there were four circumstances showing prima facie involvement of the applicant to the crime and they are (i) Rajesh Prabhakar Jadhav is an eye witness to the crime. (ii)Applicant has made an extra judicial confession of the crime to Kiran Ramdas Tambe. (iii)Blood stained clothes were recovered from the body of the 3 applicant under a panchnama dated 15 th December 2008. (iv)A motor cycle used at the time of the crime with two scyths and a gupti hidden below the seat of the motor cycle were discovered at the instance of the applicant on 17 th December 2008. 5. In an application for bail before the trial, it is not necessary to scan the evidence in detail. However, in view of the fact that the learned APP has referred to the four circumstances it is appropriate to refer to them. 6. So far as the eye witness Rajesh P. Jadhav is concerned, he did not know the present applicant prior to the crime and therefore has not named him. In the Test Identification Parade, he identified two other co-accused but has failed to identify the present applicant. 7. Undoubtedly, Kiran Tambe in his statement has stated about an extra judicial confession made to him by the applicant in the presence of other co-accused including Pappu @ Anna Rajaram Vitkar. Pappu has been granted bail by this court vide order dated 13 th July 2009 (Criminal Application No.2110 of 2009, Coram : D.B. Bhosale, J). 8. As regards the seizure of the blood stained clothes, it is alleged that they were worn by the applicant at the time of the 4 seizure on 15 th December. The crime took place on 6 th December and the applicant was arrested on 12 th December. The blood stained clothes are alleged to have been seized from the body of the applicant on 15 th December while he was in police custody. In these circumstances, the less said about the seizure of the blood stained clothes the better. 9. As regards discovery of the motor cycle and scythes/gupti, the motor cycle was discovered abandoned near a bridge 11 days after the crime. Even if the discovery is believed, that by itself does not conclusively connect the applicant to the crime. 10. The main accused Rishikesh Mehetre who is alleged to be the main conspirator for the killing on account of enmity has been granted bail by this court vide order dated 29 th January 2010 passed in Criminal Application No.3478 of 2009 (Coram D.B. Bhosale, J). Yet another co-accused Santosh Mane has been granted bail by me vide order dated 11 th January 2010 in Criminal Application No.4160 of 2009. 11. Taking the entire material available against the accused, the fact that the applicant is in custody for more than 14 months and the trial is not likely to commence and be concluded any time in the near future, in my view, applicant can be granted bail. Hence, I pass the following order:- 5 O R D E R Applicant be released on bail on his executing P.R. Bond of Rs.25,000/- with two sureties for the like amount subject to a condition that he shall not tamper with the prosecution evidence and shall not threaten any of the prosecution witnesses. Breach of the condition would result in cancellation of bail. (D.G. KARNIK,J.)