1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4109 OF 2009 Kunal Manohar Gavali ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.P.Mundargi, Sr.Counsel i/b. Mr.Jayant Bardeskar for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 11, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Sections 364, 394, 302, 201 read with 34 of the IPC registered vide C.R.No.I-10/2009 with Narpoli Police Station, Bhiwandi. 2 3 Prosecution case is that the deceased left the house at about 4 p.m. and did not return home. The wife of the deceased made enquiries and came to know that on 3rd January, 2009 he was in the company of one Ravindra Mukadam and both of them had left on the motor cycle. Said Ravindra Mukadam was known to the deceased. A complaint, therefore, was registered initially under Section 363 against accused no.1, thereafter, dead body of the deceased was found in a decomposed condition on 12th January, 2009 and during the course of investigation, the present applicant was also arrested along with two other accused. 4 I have perused the material on record. Recovery has been made at the instance of the present applicant of blood-stained clothes, knife, sword. The place where a mobile of the deceased was allegedly thrown was also shown by the present applicant. There is also recovery of the rope which 3 was allegedly used in the commission of the offence. Similarly, at the time of his arrest, two live cartridges were found in his possession. 5 The learned Senior Counsel for the applicant submitted that apart from this material, there is no other material on record to show the involvement of the present applicant. It is submitted that even the jeweller to whom the said ornaments was pledged by the co-accused also did not identify the present applicant. 6 The learned APP appearing on behalf of the State, invited my attention to the post mortem notes and more particularly, the injuries which were found on the person of the deceased. She submitted that these injuries could have been caused with the sword, knife and the rope which is recovered at the instance of the present applicant. She further submitted that the jeweller in his statement has stated that along with the co-accused, the present 4 applicant and one other person who also had accompanied and the jeweller was introduced to the present applicant. 7 In my view, taking into consideration the seriousness and gravity of the offence and the manner in which the deceased was murdered for the sake of removing his ornaments and the material which is placed on record against the present applicant, it is not possible to grant bail to the present applicant. The post mortem notes indicate that there were several incised wounds on the person of the deceased which could have been caused with sword and with knife and the rope which was recovered at the instance of the applicant. No case is made out for grant of bail. 8 Application is rejected. (V.M. KANADE, J.)