..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2403 OF 2008 Subhash Babu Shinde. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.R.D.Suryawanshi, Adv. for applicant. Ms.P.P.Shinde, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 22nd July, 2008. DATED : 22nd July, 2008. DATED : 22nd July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.I-328 of 2007 of Manpada Police Station, Thane. The said case is mainly under Sections 302 and 307 of IPC. 3. The prosecution case is that there was an affair between the wife of the complainant and one Gurunath Mhatre. Hence Gurunath and his wife entered into a conspiracy along with the present applicant to cause his murder by means of tempo. ..(2).. As per the conspiracy, the present applicant drove the tempo truck which gave a forcible dash to the motorcycle of the complainant. The complainant was travelling with Mohan Mhatre on the motorcycle. Mohan Mhatre died in the incident and the complainant received severe injuries in the incident. The statements of two witnesses i.e. Dinesh Choudhary and Yogesh have been recorded under Section 164 of Cr.P.C.. Their statements clearly implicate the applicant. Their statements shows that the applicant entered into a conspiracy along with Gurunath Mhatre and thereafter he gave dash with tempo which he was driving and caused injuries to the complainant and Mohan Mhatre who died in the incident. 4. The learned Advocate for the applicant has submitted that as there is delay of one month in lodging the FIR. It is seen that the complainant was not aware of the conspiracy hence a case of accident was registered. However, thereafter when Dinesh Choudhary informed him the true facts, he lodged the complaint. As stated earlier, Mohan Mhatre had died in the incident and the ..(3).. complainant received serious injuries in the incident. Looking to the material on record, it is seen that it is a case of contract killing. Hence, I am not inclined to grant bail to the applicant. Application for bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)