jpc ba580-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 580 OF 2011 1. Aslam Nurmohammad Solapure 2. Rajesh @ Chikappa Arjun Bandiganni ... Applicants Versus The State of Maharashtra ... Respondent WITH CRIMINAL BAIL APPLICATION NO. 582 OF 2011 Manoj Kisan Salunkhe ... Applicant Versus The State of Maharashtra ... Respondent Mr. Ganesh Gole, for the applicants Mrs. S. D. Shinde, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 2nd August, 2011. P.C. : 1. Both these applications can be conveniently decided by this common order, as the applicants in both these applications are accused in the same Sessions Case that is pending before the Court of Sessions, Kolhapur. 2. Heard Mr. Gole, the learned advocate for the applicants and Mrs. Shinde, the learned APP for the State. 3. Mr. Gole mentions that the applicant No.2 in Cri. Bail Application No. 580/11, has been granted bail by the Court of Sessions. The application, so far it relates to him is allowed to be withdrawn and jpc ba580-11.sxw 2 stands dismissed as such. 4. The applicant No.1 in Cri. Bail Application No. 580 of 2011- Aslam Solapure- is accused No.6 in C. R. No.75 of 2010 of Murgud Police Station. The applicant in Cri. Bail Application No. 582 of 2011-Manoj Salunkhe- is accused No. 5 in the said case. There are total 11 accused in the said case, 3 of whom have been released on bail. 5. In brief, the case of the prosecution is that the deceased- one Sunil Dongale- and his friends had previously committed murder of one Imtiyaj Shirgave who was friend of the accused in the present case. That, the accused wanted to take revenge of the said murder and, therefore, allegedly committed murder of the said Sunil Dongale. The case is that all the accused person had conspired to commit the said murder. 6. The case of the investigating agency is that Manoj Salunkhe ( the applicant in Cri. Bail application No.582-11) had planned the murder, after having meetings with some of the other accused. It is also the case of the investigating agency that in order to provide himself with an alibi, said Manoj Salunkhe got himself implicated in a false case and remained in jail at the time, when the murder of Sunil Dongale was to be committed. 7. I have considered the nature of the material that is available jpc ba580-11.sxw 3 against the applicants. 8. So far as Manoj Salunkhe is concerned, there is sufficient material to indicate that he got himself implicated on a petty charge, which is punishable with fine and that he did not pay the amount of fine and preferred to remain in Jail. It also appears that the investigation, that was carried out, reveals that from the Jail, he had contacted some other accused persons on the mobile telephones. There is some other material against the said Manoj Salunkhe which suggests a strong suspicion against him of his being involved in the alleged offence. Considering this grave suspicion that exists against him and the fact that about 12/15 previous criminal cases are, reportedly, pending against him, I do not think it fit to release him on bail. 9. As regards the applicant No.1 -Aslam Solapure- in Criminal Bail application No. 582 of 2011, the only material against him is that he produced certain weapons, allegedly used in the commission of the offence, from a river. The disclosure statement made by him and pursuant recovery of the said weapons is the only material that is available against him. In the Test Identification Parade, he was not identified by any of the witnesses. Further, even as per the case of the investigating agency, it does not appear that a role of actually assaulting the deceased has been attributed to him. jpc ba580-11.sxw 4 10. Considering the nature of the material that is available against Aslam Solapure and the role attributed to him, together with the fact that he is in custody since December, 2010, I am inclined to give him one opportunity of availing of liberty. 11. In the result, the following order is passed:- i. Criminal Bail Application No. 582 of 2011 is rejected. ii. Criminal Bail Application No. 580 of 2011 is allowed. iii. The applicant- Aslam Nurmohammad Solapure- is ordered to be released on bail in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one surety in like amount, on the condition that he shall report to Ichalkaranji Police Station, every Sunday between 5 p.m. to 6 p.m. till the disposal of the case against him. (A.M. THIPSAY, J.)