MP 1 BA1437_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1437 OF 2011 Ganesh Tirumallai Katke ... Applicant Versus State of Maharashtra ... Respondent Mr. Raja Thakare i/b. Mr. A. M. Chimalkar, Advocate for the Applicant. Mr. Y.M.Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 28TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.75 of 2010 registered by the Jawahar Police Station for the offences punishable under Sections 302, 201 r/w. Section 34 of the Indian Penal Code. 2. According to prosecution, deceased Lallan Singh had paid amount of Rs.50 lakh to the present applicant and Arun in connection with deal in respect of certain property. It appears that the deal could not be materialized and Lallan Singh was insisting for refund of the money. On 20.12.2010, dead body of Lallan Singh was found and it was revealed that he was murdered by strangulation. According to prosecution, the applicant, his brother Arun Katke and their companion Sachin Patil had committed the offence because Lallan Singh was pressing for refund of Rs.50 lakh. There is no eyewitness of the incident. The prosecution mainly relies on the statements of Sachin and the present applicant wherein they admitted the circumstances in which Arun had strangulated the deceased. Arun is absconding. The learned APP tried to contend that the applicant was last seen together with the deceased, and for this purpose, he placed reliance on the police statement of one Raghunath Kanha Padosa. However, that statement shows that on 19.12.2010, at about 7.00 p.m., MP 2 BA1437_11 all these persons left the dhaba by different vehicles. According to him, while Sachin Patil and Lallan Singh left by a silver-coloured car, Ganesh Katke, that is the present applicant, went separately in a different car. The learned APP contends that the main accused Arun Katke, who is brother of the present applicant, is still absconding. However, that cannot be a ground to refuse bail to the present applicant. 3. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one surety in like amount with condition that he shall not tamper with the prosecution evidence and shall also report at Jawahar police station on every Monday between 4.00 to 6.00 p.m. till end of the trial. (J. H. BHATIA, J)