1 BA-1582-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1582 OF 2011 Chinaya @ Vitthal Yallappa Kharat ... Applicant (Orig. accused No.5) vs. State of Maharashtra ... Respondent Mr.U.R.Agandsurve,Advocate, for the applicant. Mrs.R.V.Newton, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th November, 2011. P.C. 1. The applicant, who is accused No.5 in Crime No.92 of 2011 registered at Vijapur Naka Police Station, Solapur, under Sections 302, 364, 143, 147,148 and 149 of IPC seeks bail. 2. The prosecution case, in brief, is that deceased Ajay @ Ravi Bansode and accused Bandu Kadam were friends. About 8 days prior to the incident of this case, Ajay Bansode had abused and insulted one Madhuri, who is a keep of Bandu Kadam. Madhuri told Bandu Kadam about the abuses and insult by Ajay Bansode. Because of that Bandu Kadam and his 5 or 6 other companions forcibly 2 BA-1582-11.sxw abducted Ajay Bansode by taking him in the Indica Car belonging to and driven by Bandu Kadam. In the car, he was severely beaten by fist blows and abused. Mahadev Kadam also slashed both side of neck of Ajay Bansode with a knife. Therefore, he became unconscious. After that Ajay Bansode was thrown away from the car on the kutcha road near renuka Sugar Factory. After throwing him also Bandu Kadam and his companions beat him severely with sticks. Presuming that he had died, Bandu Kadam and his companions went away by their Indica Car. That incident took place on 28.3.2011 in the evening. After midnight, somebody called ambulance and sent him to hospital where he regained consciousness. In the hospital FIR of Ajay Bansode was recorded. Initialy, offence under Section 307 of IPC was registered. Three days after the incident, Ajay Bansode died and Section 302 of IPC came to be added. 3. Investigation is completed and charge sheet is filed against six persons. The learned Counsel for the applicant pointed out that in the FIR, there s no mention of the name of the applicant Chinaya @ Vitthal Yallappa Kharat. In the FIR, only two names i.e. Mahadev Kadam and Bandu Kadam are referred. Later on, one of the accused persons i.e. Pramod Pardeshi disclosed before the police that Chinaya was also one of the persons in the Car who had assaulted and beaten Ajay Bansode. Admittedly, except the statement of the co-accused Pramod 3 BA-1582-11.sxw Pardeshi before the police, there is no other evidence to connect the present appellant with the offence. 4. Therefore, the applicant be released on his executing P.R. of Rs. 15,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)