1 BA-1198-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.1198 OF 2011 Hanumant Pandit Landge ... Applicant (Orig. accused No.3) vs. The State of Maharashtra ... Respondent Mr.Pradeep Kotkar i/b. Sachin R.Pawar,Advocate, for the applicant. Mr. Y.S.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 21st November, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.514/2010 registered at Bhosari Police Station, District Pune, for the offences punishable under Section 302 read with Section 34 of IPC. 2. Prosecution case, in brief, is that deceased Amrishkumar Yadav, the present applicant Hanumant and two other accused i.e. Ajay and Niranjan were friends. On 29.12.2010 in the night, they consumed liquor in Sonali Bar and after consuming liquor they went to a pan shop. At that place, a third person came and some quarrel took place between that person and the group of four persons, including the applicant. That quarrel was over and those persons left the spot. 2 BA-1198-11.odt Next morning, dead body of Amrishkumar with number of injuries was found and the offence under Section 302 read with Sec. 34 of IPC came to be registered against unknown persons. According to the prosecution, accused Ajay and Niranjan and the applicant Hanumant were last seen together with deceased Amrishkumar at 11 p.m. and they had together left the pan shop and therafter the dead body of Amrishkumar was found. The post-mortem report shows that there were a large number of stab and incised wounds on the body resulting in his death. On the basis of information given by the other two accused, the blood stained weapons and clothes have been recovered. There are extra-judicial confessions of some of the accused persons to show that Ajay was under impression that third person at the pan shop had pushed him at the instance of Amrishkumar and therefore Ajay with the help of his two companions killed Amrishkumar. There is also extra judicial confession of the present applicant before his wife that he had assaulted Amrishkumar with fist blows only, while two other accused had killed him with sharp and cutting weapons. Whether that statement is admissible in evidence or not and what is importance of that has to be looked at the time of trial. Fact remains that the deceased was last seen together with the present applicant and other two accused and after that his dead body with large number of injuries was found. The evidence collected by the police shows that after that incident when the present applicant went to his house, 3 BA-1198-11.odt he was in great tension. Prima facie, there is evidence to connect the present applicant with the offenece on the basis of the principle of last seen together. If at this stage, bail is granted to the present applicant, there is possibility of tampering with the prosecution evidence. 3. Therefore, the application stands rejected. (J.H.BHATIA,J.)