1 Cri-A-168-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 168 OF 2011 Mr. Madan Vasantrao ManeDeshmukh ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Satish Borulkar, i/b. Ms. Prema A.Mokashe,Advocate, for the applicant. Mrs. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 11th February, 2011. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the papers filed along with the charge sheet. 2. The applicant who is accused No.1 in Crime No.57/2010 registered at Velapur Police Station for the offences under Sections 302, 201, 323, 324, 504 and 506 read with Sec. 34 of IPC, seeks to be released on bail. 3. As per the FIR lodged by Kiran Pawar, a young boy aged about 14 years, he was working as waiter at one of the hotels run by the present applicant. On 28.9.2010 at about 11.30 p.m, the present applicant and his three employees, 2 Cri-A-168-11.sxw Rahul, Bapu and Sanjay severely beat his two other employees, namely, Ashwini and Shankar Jagtap. The applicant and his Manager Rahul Shah beat Ashwini with belt, while Sanjay Rajput and Bapu beat him with a cooking spoon. Similarly, they also beat Shankar Jagtap. Due to this, several bleeding injuries were caused. They were confined to a room and blood was cleaned. That was over by 3 a.m. At 10 a.m. again both of them were severely beaten due to which both of them ded. It is revealed that at the time of beating, clothes of Ashwini and Shankar were removed. Post-mortem report of Shankar reveals that there were 16 external injuries with fracture of right tibia and fibula lower 1/3. There were also strangulation marks on his neck. As per the autopsy surgeon, death had occurred due to asphyxia due to strangulation. The post-mortem reports of Dinesh Ashwini shows that he had suffered 14 injuries, many of them were multiple injuries. There was also fracture of skull and intracranial hoemorrhage. 4. The present applicant was owner of the hotels. Other accused were his employees and both the deceased persons were also his employees. The role played by the applicant in severely beating the deceased persons resulting in their death shows that he had acted in inhuman manner and the intention to cause death can be inferred. 3 Cri-A-168-11.sxw 5. It is material to note that the first informant Kiran is a boy just aged about 14 years. He comes from a poor family and he was the employee of the present applicant. If the applicant is granted bail, there is every possibility that he may tamper with the prosecution evidence and may cause danger to the life of the only eye-witness of the case. Therefore, the application stands rejected. (J.H.BHATIA,J.)