1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.971 OF 2011 IN CRIMINAL APPEALNO.121/2011 Tatyaram s/o Bhimrao Jadhav and another. Applicants. V E R S U S State of Maharashtra. Respondent Shri R.N. Dhorde Advocate for the applicants. Shri K.G. Patil APP for respondent. CORAM: NARESH H. PATIL & T.V.NALAWADE, JJ. DATE : 6 th APRIL, 2011 PER COURT : 1. This application is filed for bail by accused Nos. 3 and 4 from Sessions Case No.199/2008 which is decided by Additional Sessions Judge Ahmednagar on 24.12.2010. All 6 accused persons of the case are convicted and sentenced for the offence punishable under section 302 r.w. 149 of Indian Penal Code and for other offences. 2. The evidence shows that PW 1 Shyam Kisan Sathe was 2 in the company of deceased at the relevant time when deceased was present on Jamkhed road. One Maruti Van bearing No.MH-12/YA-7929 intercepted the motorcycle. Due to the interception, motor cycle fell on the road alongwith witness Shyam Sathe and driver, deceased Baban Misal. Accused persons alighted from Maruti van. They were holding weapons like sword, chain etc. When they rushed towards the deceased and PW 1, deceased advised PW 1 to run away. Deceased and PW 1 started running away from the spot. One of the applicant chased PW 1 but PW 1 somehow escaped. It is the case of the PW 1 that he again returned to the spot and witnessed the incident by hiding himself. Allegations are made against the accused Harish that he used chain for holding the deceased and then other accused gave blows of sword. When Baban collapsed a big stone was hit on his head by accused No.1. Then a show was created of deceased meeting with an accident. When accused left the spot, PW 1 went near the dead body. Eknath Javale, PSI received information about the incident and he went to the spot. PW 1 was present on the spot. On the same night PW 1 gave report against 6 persons. Postmortem was 3 conducted on the dead body. Doctor has given opinion that in all 17 injuries were found on the dead body out of which 8 were incised wounds and they were caused by hard and sharp object. Skull vault was fractured into pieces, there was fracture to maxilla bones, fracture of nasal bones. Eye ball, one cheek were crushed. Doctor has opined that all the incised wounds were caused by hard and sharp objects. Hard and blunt objects was also used. The cause of death is “shock due to cardio respiratory failure due to intra cranial Haemmorhage due to brain injuries due to rupture of skull.” 4. It was submitted for the present applicant that probably pw 1 Shyam reached the spot when the incident was over. The learned cousnel for the applicants pointed out evidence given by Sandip Jadhav D.Y.S.P, who has admitted that he first time saw PW 1 in the police station. On the other hand, prosecution evidence shows that PW 12 and other police officials had reached the spot first in time. The trial court has believed pw 1. Original complainant has also filed appeal for enhancement of the sentence. 5. Evidence given before the trial court shows active part 4 was played by the present applicants. Trial court has held that probability of accident is ruled out in the case and held that presence of P.W.1 is proved. There is no need to appreciate entire evidence at this stage. Primafacie evidence shows that it was a brutal murder and probably after preparing plan they intercepted the vehicle on that road. 6. In view of these circumstances, this court is of the opinion that it is not a fit case to grant bail to the applicants. Bail was not granted in the past also. The application stands rejected. (T. V. NALAWADE) (NARESH H. PATIL) JUDGE JUDGE ... aaa/971.11 5 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.341/2011 IN APPEAL NO.29/2011 Kailas s/o Mahadeo Jadhav and ors. Applicants. V E R S U S State of Maharashtra Respondents Smt. S.S. Jadhav advocate for the applicants Shri K.G. Patil APP for respondent-state CORAM: NARESH H. PATIL & T.V.NALAWADE, JJ. DATE : 6 th APRIL, 2011 PER COURT : 1. Heard. 2. The application filed by original accused is rejected as it is not pressed by the learned counsel Mrs. S.S. Jadhav. (T. V. NALAWADE) (NARESH H. PATIL) JUDGE JUDGE ... aaa/971.11