1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5149 OF 2010 Uday P. Ingawale ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Harshad V. Nimbalkar i/by Sachin Pawar and Sachin Thombare, advs. For the Applicant. Ms P.P.Shinde, APP For the Respondent/State. Shri Prakash Naik, adv. For the complainant. CORAM : J.H. BHATIA, J. DATED : JANUARY 12, 2011. P.C. 1 Heard the learned counsel for the applicant and the learned APP. Applicant is the accused in Crime No.131 of 2008 registered at Juna Rajwada police station under Section 302 and 307 r/w section 34 of the I.P.C. 2 It appears that there was rivalry between the two mandals or groups and on 14.9.2008 at about 9.50 p.m. dispute occurred between the members of the said two groups during procession of immersion of Ganpati idols. During that incident present applicant stabbed on the chest of Sairaj due to which he fell on the ground immediately and died within a few minutes. He was taken to the hospital where he was declared dead. 2 One more person was injured in that incident. The learned counsel for the applicant tried to contend that because of the rivalry, applicant has been falsely implicated in this case and according to him as other three accused are granted bail, present applicant also deserves to be granted bail. 3 On perusal of the papers, it appears that even though there are four accused involved in the case, actual assailant was the present applicant. Other accused had only threatened, abused or instigated but no one had actually assaulted. Another contention of the learned counsel for the applicant is that there was a single injury. This is also not a ground for granting bail particularly when accused/applicant stabbed on the chest whereby lung of the deceased was cut and protruded out and caused death instantaneously. In these circumstances, if bail is granted, there is every possibility that the present applicant may either abscond or tamper the prosecution evidence. 4 Therefore, application stands rejected. (J.H. BHATIA,J.)