1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5221 OF 2010 Aniket Gangaram Kanekar Age:21 years, Occ: Labour, R/at: Sai Hills, Bhandup, Mumbai At present in Arthur Road Central Jail ...Applicant. v. The State of Maharashtra (At the instance of Powai Police Station, Mumbai) ...Respondents. Mr. P.P.Runwal, adv. For the Applicant. Smt. P.P.Bhosale, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : NOVEMBER 25, 2010 P.C. 1 Heard the learned counsel for the parties. Applicant is original accused no.2 in Sessions Case No.628 of 2010 pending before the IInd Ad-hoc Additional Sessions Judge, Sewree. The said case arises out of the Crime No.172 of 2010 registered at Powai Police Station for the offences punishable under Sections 302, 201, 404 r/w Section 34 of the I.P.C. 2 The prosecution case in brief is that on 16.4.2010 at about 17.15 hours, a dead body with several injuries was found by police from Mulund Police Station and the dead-body was referred to the post 2 mortem examination. Post Mortem report reveals that death was caused due to head injury and fracture of skull and stabb injury over the back with multiple injuries. Police transferred the case to the Powai police station where it was registered as Crime No.172 of 2010 Crime Branch Unit X of Andheri arrested three persons namely, Nagraj, Nilesh and Aniket G. Kanekar in connection with the said murder case on 3.6.2010. During the investigation, it was revealed that accused no.1 Nagraj had plan to kill deceased Baluram Regar. He had taken with him accused nos.2 and 3 as well as said Baluram. He also purchased a quarter bottle of liquor and a beer bottle. All of them consumed liquor. Nagraj was walking ahead alongwith the deceased Baluram and taking opportunity, he stabbed on his back with knife,which was provided to him by the accused no.3 Nilesh. However, knife got bent, therefore, Nagraj broke the liquor bottle and with that broken bottle, he assaulted on the head and other parts of the body of Baluram. He also assaulted him with the stones . It is alleged that accused Nilesh and Accused no.2 Aniket, who is applicant before the Court also participated in assaulting deceased with stones. It was also revealed during the investigation that deceased was wearing silver bracelet, which was removed and later on, said bracelet was sold away by the accused no.1 Nagraj to a jeweler for a 3 consideration of Rs.375/-. That amount was also used by all the three accused persons. As far as present applicant is concerned, case is based on the statement of one Rajesh Shamu Patel, who happens to be cousin of the accused no.3 Nilesh and before him accused Nilesh had allegedly made extra judicial confession. Investigation has been completed. Charge-sheet is filed. It appears that police have filed two statements of Rajesh Shamu Patel recorded on the same date 4.6.2010. One statement is in handwriting. Another statement appears to be recorded on computer. . In the handwritten statement, it is stated that Nilesh had told "We all three began to beat him with stones and kill him". This part implicated accused Aniket in the commission of crime. However, in the statement recorded on computer on the same date by the same officer, such statement is missing. On the other hand, in both statements it is mention that seeing the blood, Aniket began to omit. 3 On perusal of record, it appears that except the above extra judicial confessional statement of Nilesh before Rajesh Shamu Patel, there is no evidence to implicate the present applicant. The trial Court appears to have rejected bail application only on the ground that charge is filed and the trial may commence at any time. The learned counsel for the applicant makes a statement across the bar that the charge is not yet 4 framed. 4 In view of the above circumstances, accused be released on executing P. R. Bond of Rs.25,000/- with one or two sureties of the like amount with condition that he shall not misuse bail and he shall attend Powai police station on every Sunday between 11 to 12 a.m. till the end of the trial. 5 Application stands disposed off accordingly. (J.H. BHATIA,J.)