1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 393 OF 2011 (Shuddhodhan Mukinda Mate Vs. State of Mah. PSO PS Sewagram Distt. Wardha) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri Y. V. Nayyar Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 29th JULY, 2011. . This is an application under Section 439 of Criminal Procedure Code for releasing the applicant on bail against whom offence bearing Crime No. 32 of 2011 is registered with the Police Station Sewagram for the offence punishable under Sections 302, 364, 203, 120(B) read with Section 34 of Indian Penal Code. The prosecution case is that Kalpana, a married woman with two children (accused No.4 herein) was having illicit relations with one Guddu (accused No.3). Both these accused decided to eliminate Ambadas. For that contract killers namely Sonu Nimbalkar and the present applicant were hired. On 29.01.11 deceased and Kalpana were passing by the road on motorcycle. 2 The deceased was driving the motorcycle and Kalpana was the pillion rider. Motorcycle was intercepted by Maruti Car. In the Maruti car accused no.1 and accused no.2 (present applicant) and accused no.3 were present. Ambadas was assaulted and was made to sit in the maruti car. Guddu (accused no.3) and Kalpana (accused no.4) stayed back while accused no.1 and 2 carried Ambadas towards Mandragarh-Dhanora road. On the next day dead body of Ambadas was found by the said of Mandragarh- Dhanora road. There were 13 injuries found on the person of the deceased. During investigation “sattur” was recovered at the instance of accused no.1 Sonu. At the instance of present applicant blood stained clothes were recovered. The other circumstantial evidence against the present applicant is that on 29.01.11, at about 11.30 p.m. he had carried the motorcycle to the house of one Rupesh Chahande. Applicant informed said Rupesh that motorcycle belonged to his friend. On 30.01.11 at about 11 to 12 noon Rupesh received telephonic call from the applicant that he would come back to his house to carry away the motorcycle. Till 02.02.11 he had not carried away the motorcycle. After reading in the newspapers the details of the crime the said Rupesh went to the police station and informed as to who had brought the motorcycle 3 to his house. There is evidence to show that this motorcycle belonged to the deceased. There are witnesses who had seen the applicant driving motor cycle immediately after the incident. Then there is evidence of Navin Rohidas Warkade that while traveling in Indica car, applicant and other accused confessed in his presence about the manner in which Ambadas was assaulted. Then there are other circumstances of applicant being seen in the company of other accused persons near maruti car at the relevant time. Considering the pros and cons of the material placed on record, prima facie involvement of the accused in the alleged crime is made out. Bail application is rejected. JUDGE svk 4