1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5537 OF 2010 Mr. Santosh Sadashiv Sonawane ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Amol A. Deshpande, adv. For the Applicant. Smt.G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 18, 2011. P.C. 1 Applicant Santosh Sadashiv Sonawane seeks bail in crime no.375 of 2007 under Section 302 r/w Section 149 IPC. 2 Heard the learned counsel for the applicant and the learned APP. Prosecution case appears to be that on 28.8.2007 at about 5 p.m. first informant Vilas Kamble was standing near his flour mill alongwith his wife and two sons, namely Vilas and Kailas. At that time, the present applicant Santosh and his brother Pradip Sonawane shouted addressing Vikas that police vehicle had come and he should run away. Due to this Vikas got frightened and he also began to run. After running from that place, Santosh, Pradip and other persons assembled from different directions and attacked said Vikas with swords, sticks, etc. and killed 2 him on the spot. Post Mortem report reveals that he suffered as many as 9 injuries on different parts of the body including on neck and head. Death was due to cut injury on throat with multiple other injuries. 3 Police papers reveal that the present applicant was also armed with sword and he had attacked said Vikas alongwith the other accused. It is true that some of the witnesses have stated before the police that the present applicant was armed with stick but they also stated that the present applicant had attacked and assaulted deceased Vikas. Anyhow, taking into consideration all the circumstances, prima- facie, it appears to be pre-planned murder, to which present applicant was a party. Therefore, it will not be in the interest of justice to grant bail. If bail is granted, there is every possibility that he may either abscond or tamper the prosecution evidence. 4 Therefore, application stands rejected. (J.H. BHATIA,J.)