1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.15 OF 2011 Bhiku @ Bhikaji Dattu Jankar and Anr. ...Applicants. v. State of Maharashtra ...Respondents. Mr. S.B.Shelar, adv. For the Applicant. Smt. S.D.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 2, 2011. P.C. 1 Applicants seek to be released on bail in Crime No.137 of 2009 registered at Islampur police station for the offences punishable under Sections 302, 201 r/w section 34 of the I.P.C. 2 Prosecution case, in brief, is that the deceased Shankar Jadhav was working as labourer for the construction of new shed at the poultry farm of Ravindra Gavde. Applicant no.1 Bhiku was also working at the poultry farm and used to reside there only. On 23.8.2009 Ravindra at about 00.10 hours lodged report at Islampur Police Station that on 22.8.2009 at about 10.30 p.m., applicant no.1 Bhiku had informed him on the phone that Shankar Jadhav under the influence of liquor and Ganja had hanged himself at the shed of the poultry farm and had 2 committed suicide. On the basis of this information, accidental death case no.70 of 2009 came to be registered. On 21.7.2010 Ravindra made a statement before the police that a few days before he had come to know that his watchman Bhiku, i.e., the applicant no.1 had sold construction material to the applicant no.2 Sharad Kamble. After getting that information Ravindra Gavde confronted applicant no.1. At that time applicant no.1 confessed that he had sold construction material to the applicant no.2 Sharad and also that deceased Shankar had objected to their removing construction material from the shed and, therefore, they had strangulated him with a rope. As soon as applicant no.1 made this oral confession before Ravindra Gavde, he approached the police and made that statement on 21.7.2010. Police recorded statements of two persons Rama and Babasa Kamble, who claimed to be eye witness. According to them, due to threats given by the accused persons, they had kept quiet for such a long time. Post Mortem report clearly shows that there were ligature marks around the neck and hyoid bone was fractured. According to autopsy surgeon, death was caused due to strangulation. The post-mortem report rules out possibility of suicide by hanging. Though there was delay, there are two eye witnesses, who are supported by the post mortem report. First information was given by the applicant 3 no.1 that the deceased had committed suicide by hanging himself and that was found to be false. This conduct of the applicant no.1 is also circumstantial evidence against him. Taking into consideration the material on record, it will not be in the interest of justice to grant bail at this stage. If bail is granted, life of the eye witnesses may be in danger. 3 Therefore, application stands rejected. (J.H. BHATIA,J.)