1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4501 OF 2010 Gopinath W. Patil ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Vaibhav Bagade, adv. For the Applicant. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 12, 2011. P.C. 1 Applicant, who is accused in crime no.150 of 2009 registered by the Kalyan police station under Section 302 of the I.P.C. seeks to be released on bail. 2 Prosecution case in brief is that on 31.10.2009 deceased Bharat B. Patil was found dead apparently in motor accident, in which his own bike was dashed by some unknown vehicle. On 16.11.2009 his brother Sharad B. Patil gave a brief written report at police station Titwala wherein it was alleged that as per the investigation made by himself the present applicant and his eight companions had planned and as per the plan motorcycle of Bharat was dashed with a four wheeler due to which Bharat fell down from the motor cycle and, thereafter blow 2 with some hammer was given on the head as a result of which he died. He gave the names of all the nine suspects in the said statement. It appears that for the first time on 22nd January, 2010 detail statement of Sharad Patil was recorded wherein he disclosed that he and his two brothers including namely Bharat and Balkrishna had jointly purchased three gunthas of land and the present applicant Gopinath, who is their cousin had played a fraud and obtained sale deed of the said land from Balkrishna alone. When this fact came to the knowledge of Sharad and Bharat, Bharat had asked the present accused/applicant to reconvey the land to them and this resulted in some quarrel and the accused had threatened to finish him. He gave the details as to how as per his information conspiracy was hatched and executed. It appears that on the basis of information given by Bhola, brother of the present applicant and the accused in the case, Santro car was seized and it was found that front left side bumper of the car was damaged and it was got repaired one day before it's seizure. The damaged bumper and the bill of repairing were also recovered. After investigation, charge-sheet was filed. It appears that the damaged bumper and the backside portion of the motorcycle of the deceased Bharat , which had come into contact due to dash were not referred to C.A. nor any attempt was made to establish that the motor 3 cycle was dashed by that car. No serious attempt was made to collect information from the mobile service providers about the location of mobiles from where calls were made just before the execution of the alleged conspiracy. Prima-facie, it appears that the case is not properly investigated. Further investigation in the case by some competent officer is necessary. Accused no.1 Bhola at whose instance car was seized is still in custody though other seven accused are already granted bail. In view of the facts and circumstances, I find that it will not be desirable to grant bail to the present applicant at this stage. 3 For the aforesaid reasons, application stands rejected. Superintendent of police, Thane shall refer the case to C.I.D. for proper investigation. Further investigation be completed within three months. Applicant shall be at liberty to move fresh application after the report of further investigation is submitted. (J.H. BHATIA,J.)