1 Cri-A-5324-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5324 OF 2010 Anil Maruti More @ Gole ... Applicant (orig. accused No.9) Vs. The State of Maharashtra ... Respondent Mr.A.P.Mundargi, i/b. S.R.Mithare,Advocate, for the applicant. Ms. P.P.Shinde, APP, for the respondent. CORAM: J.H.BHATIA,J. DATE : 19th January, 2011. P.C. 1. The applicant - Anil More, who is accused No.9 in Crime No. 141/2010 registered under Section 302 read with Section 34 of IPC by Shivaji Nagar Police Station, Pune, seeks bail. 2. Heard the learned Counsel for the applicant and the learned APP. 3. One Shekhar Waghmare was shot dead on 15.7.2010 while he was proceeding by car in front of Krushi Bhavan, Veer Chafekar Chowk. Immediately he was taken to the Sassoon Hospital where he was declared dead before admission. After getting information of this on a T.V.Channel, his wife, 2 Cri-A-5324-10.sxw Savita, rushed to the Hospital and thereafter her statement was recorded which was treated as FIR. It shows that deceased Shekhar had a keep viz. Mangal Thakur with whom his relations had become strained recently. Secondly, he had gone on fast against illegal construction by Laxmi Construction and therefore the concerned builders were against him. Thirdly, one Shashi Taware, accused No.5 was removed from the post of District President of Akhil Bhartiya Sena about six months before the incident and Shekhar Waghmare was appointed as President and therefore relations between the two were strained. Lastly, Shekhar Waghmare was running the Beeshi which was sold by auction. Shashi Taware and several other persons, including the present applicant Anil More, were members of that Beeshi. Anil More and Shashi Taware had received amount of Rs.90,000/- each from the Beeshi, but they had failed to make payment of their contribution and therefore Shekhar Waghmare had strained relations with Shashi Taware as well as the present applicant. Thus, she expressed suspicion on several persons because of his above referred disputes. 4. During the investigation, the firearm, which was used to shoot Shekhar Waghmare, was recovered on the basis of information given by Shashi Taware. He also made statement about the conspiracy hatched for the purpose of committing murder of Sheklhar. As far as the present applicant is concerned, 3 Cri-A-5324-10.sxw except the statement of a witness that he had seen the present applicant talking with Shashi Taware, Rajiv Yadav and one more person at Bholanath Temple at about 11 a.m. on 15.7.2010. Except that the present applicant was talking with Shashi Taware and others in the temple shortly before Shehar Waghmare was shot dead, no other evidence was found to connect the applicant with the offence. Investigation is already completed and charge-sheet is also filed. 5. In view of the above, the applicant is granted bail in the sum of Rs. 25,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)