1 BA-1244-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1244 OF 2011 Mr. Pandurang Vishnu Kale ... Applicant vs. The State of Maharashtra ... Respondent Mr. A.Lulla i/b. Shri Ameya S. Lambhate,Advocate, for the applicant. Mrs.R.V.Newton, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 21st November, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.30/2011 under Section 302 read with Section 34 of IPC registered at Yawat Police Station, District Pune. 2. Prosecution case, in brief, is that deceased Datta Kale was brother of the present applicant Pandurang, who is accused No.1. The applicant had certain disputes with a neighbour i.e. Satyavan Kale. The applicant was labouring under the impression that his brother Datta was supporting Satyavan and, therefore, the applicant had a grudge against him. On two occasions earlier to the incident of the present case, the present applicant and some others had beaten Datta about 2 BA-1244-11.sxw which reports were lodged with the police. As per the FIR lodged by Seema wife of the deceased Datta on 11.2.2011, on that day at about 5 p.m., she was irrigating onion crop, while her husband was irrigating wheat crop in the land. At that time, she heard shouts of her husband and immediately rushed towards the spot. The present applicant and three others i.e. Bipin, Namdeo and Nivrutti were beating the deceased Datta. The present applicant was armed with a sickle and he assaulted Datta with sickle and caused several injuries on the head , neck and other parts of the body. When he fell down, all the four persons ran away. The Post-mortem report reveals that there were in all 12 incised wounds on different parts of the body including right and left side of the neck and on the head. As per the P.M. Report, death had occurred due to head injury with other multiple injuries. All these injuries could be caused by sharp weapon. 3. The learned Counsel for the applicant pointed out that other three accused persons have been granted bail. The place where the incident occurred was about 200 feet away from the place where the wife of the deceased was present and therefore, it was not physically possible for her to see the incident. The learned Counsel also pointed out that the clothes and the weapons which were allegedly seized from the present applicant, did not have any blood stains. He also pointed out that inspite of repeated opportunities given to the prosecution, 3 BA-1244-11.sxw C.A. Report has not been produced. In view of these circumstances, he contends that the applicant deserves to be granted bail. 4. It is true that C.A. Report is not produced inspite of repeated opportunities given to the prosecution. It is material to note that the incident occurred on 11.2.2011 at 5 p.m. i.e. in broad day light and wife of the deceased was at a distance of 200 feet in the same area. It would not take more than few seconds to reach the spot after covering the distance of 200 feet. Other accused, who were granted bail, had only assaulted with fist and kick blows. There was no allegation that any of them was armed with weapons. All the injuries resulting in death of the deceased were caused by sharp and cutting weapon like sickle which was in the hands of and was used by the present applicant as per the FIR. Taking into consideration the facts and circumstances of the case, it will not be in the interest of justice to grant bail to the applicant. If bail is granted to the present applicant, there is possibility that either the applicant may abscond or may tamper with the prosecution evidence. The life of the only eye-witness may also be endangered. 5. Therefore, the application stands rejected. 4 BA-1244-11.sxw 6. A the applicant is in jail for last about nine months, the trial Court shall expedite the trial and dispose of the case as early as possible, and preferably within four months. (J.H.BHATIA,J.)