1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.21 OF 2011 The State of Maharashtra ...Applicant. v. Ankush Jotiram Pawar & Anr. ...Respondents. Ms P.P.Shinde , APP For the Applicant/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 8, 2011. P.C. 1 Heard the learned APP for the State. This application is filed for cancellation of bail granted to the respondents by the Sessions Court on 21.8.2010 in crime no.87 of 2010 registered at Shivaji Nagar Police Station in connection with the murder of one Rahul Nair in the campus of Sessions Court, Pune. 2 To state in brief, the prosecution case is that in 2008 Kumar Chandrakant Dangat, brother of absconding accused Sachin Dangat was murdered by Rahim Shaikh. About that Crime No.272/2008 under Sec. 302 of IPC was registered against some accused including Rahim Shaikh. After that, father of Rahim Shaikh was murdered by the opposite party and crime no.301/2008 was registered. Trial of the Sessions Case arising out of C.R.No.272/2008 was in progress before the Sessions 2 Court, Pune. On 6.5.2008, the case was fixed for trial and three witnesses, viz. Siddheshwar Shelke, Rakesh Deshmukh and Ankush Pawar were summoned to give evidence for prosecution. Evidence of Ankush Pawar was partly recorded till recess time. On that day, Rahul Nair, a friend of Rahim Shaikh, was caught hold of by 6-7 persons and stabbed by Sachin Dangat. He died on the spot. The FIR of the incident was lodged by Jafar Ismail Shaikh, who is brother of Rahim Shaikh. Jafar Shaikh stated in the FIR that Sachin Dangat, Sukesh Dangat, Siddheshwar Shelke, Amol, Umesh Deshmukh, Rakesh Deshmukh and Ankush Pawar had come there, that Sukesh, Siddheshwar Shelke, Amol and Ankush had caught hold of Rahul Nair and Sachin Dangat had stabbed Rahul Nair with Rambo knife and Umesh Deshmukh and Rakesh Deshmukh threatened the people and stopped them from intervening. There is no dispute that Rahul Nair died on the spot. 3 Out of the persons, who were allegedly companions of Sachin Dangat as per the F.I.R, 3 persons, namely, the present respondents Ankush Pawar, Rakesh and one Siddheshwar Shelke had come to the Court as witnesses on that day as per the summons issued by the Court. They were all prosecution witnesses in crime no.272 of 2008 against Rahim Shaikh. During the investigation police recorded 3 statements of two police constables, who revealed that applicants/respondents Ankush Pawar and Rakesh were actually with police constables at the time of incident away from the spot of the incident. In fact, evidence of the respondent no.1 Ankush Pawar was partly recorded on that day before the recess time. In view of these circumstances, respondents were granted bail by the Sessions Court. It may be noted that third person Siddheshwar Shelke, who was also summoned as witness in this case and who was allegedly one of the assailants as per the F.I.R. lodged by Jafar Shaikh, was granted bail by this Court on 11th January, 2011 in view of the above facts. Taking into consideration all the facts and circumstances, I see no justification to interfere in the order passed by the Sessions Court granting bail to the respondents. Therefore, application stands rejected. (J.H. BHATIA,J.)