1 Cri-A-48-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 48 OF 2011 Satish Anant Sawant ... Applicant vs. State of Maharashtra ... Respondent Mr. Kedar Patil,Advocate, for the applicant. Mrs.G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st March, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The applicant Satish Sawant seeks to be released on bail in Crime No. 69/2010 registered at Shivajinagar Police Station,Ichalkaranji under Sections 302, 143, 147, 148, 149 read with Sec. 34 of iPC. 3. Prosecution case, in brief is that deceased Deepak Kadakane had some love affair with the sister of Satish Mulik and because of that on 11.7.2010 at about 9.30 p.m., Deepak was assaulted by several persons, including the applicant Satish Sawant with sharp and cutting weapons like Koita (sickle) and 2 Cri-A-48-11.sxw guptis and was murdered. Post-mortem report reveals that he had suffered several stab and incised wounds. He had also suffered fracture of skull bone. The cause of death was shown to be extensive brain injuries. 4. There is evidence of one Nagesh Vnakhundre, who states that on 11.7.2010, when he was returning home on his motorcycle at about 9.30 p.m., he had seen the present applicant Satish Sawant taking two others on his scooter towards old S.T. Stand near Swamy Apartment. Those two pillion riders were known to Nagesh by face, but their names were not known. Nagesh had stopped on some pan shop and within few minutes when he proceeded ahead on his motorcycle, to go to his house, he saw a crowd of people near the liquor shop and he came to know that one person was killed. He came to know that it was the dead body of Deepak though he himself could not see the face of the deceased. In his statement he had specifically stated that Satish Sawant was wearing sleeveless sweater while proceeding on a scooter. On 14.7.2010, on the basis of information given by the present applicant, a bag containing clothes of himself and another accused Raju were recovered and it was revealed that Satish had given that bag contained the clothes to one Narayan Sakharam Patil saying that the bag contained the clothes belonged to one Babu, who was known to Narayan Patil. Believing his words, Narayan Patil had taken the bag and later on he saw that the clothes were 3 Cri-A-48-11.sxw stained with blood and therefore he had hidden the bag behind his house. As per the statement of Narayan Patil recorded on 15.7.2010, the said bag containing the clothes was given to him on the last Monday at about 11 a.m. The last Monday was 12.7.2010. The incident had occurred on 11.7.2010 at about 9.30 p.m. The bag containing the clothes also contained sleeveless sweater, which was on the person of the present applicant as per the evidence of Nagesh. 5. Learned Counsel for the applicant contends that two other accuses have already been granted bail. It appears that either there was no material against them or because they were shown to be witnesses at the police station though they were not earlier known to the witness by names. No T.I. parade was held. In view of these circumstances, bail was granted to them. The case of present applicant cannot be compared with them. Against the present applicant, there is sufficient material to show his involvement in commission of the crime. Taking into consideration the circumstances and nature of offence, it will not be in the interest of justice to grant bail. Therefore, the application stands rejected. (J.H.BHATIA,J.)