1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.5753 OF 2010 Pramod @ Kigbhai Prakash Swami ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Shrishail Sakhare ,adv. For the Applicant. Smt. G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 2, 2011. P.C. 1 Heard. The applicant seeks to be released on bail in crime no.28 of 2010 registered with Valsang Police Station, District: Solapur for the offences punishable under Sections 302, 120B r/w section 34 of the I.P.C. 2 Prosecution case, in brief , is that on 7.4.2010 deceased Santosh Ghagare was assaulted with sharp and cutting weapons like chopper and was murdered. Report of the incident was lodged by his maternal uncle Baliram Kale against unknown persons as he himself was not eye witness. During the investigation it was revealed that Priyanka wife of the deceased Santosh had deserted her first husband and was having friendly relations with one Gopal Ankushrao. Later on, Gopal 2 was arrested in a murder case and was in Solapur jail. Priyanka used to meet him even then. She came into contact with Santosh during the meetings with Gopal. Thereafter, she began to live with Sandesh and they also married. Therefore, Gopal was annoyed. Similarly, said Santosh was previously close to one Pramod Gaikwad, who was city head of R.P.I. Gavai. However, Santosh left his party and joined group of R.P.I. Athavale and, therefore, their relations got strained. According to the prosecution, prior to his murder, he was warned that he could be assaulted by Gopal and Pramod, who had joined hands. According to the prosecution, as a result of that conspiracy, Santosh was murdered. It is true that there is no eye witness but according to the prosecution, blood stained clothes were seized from the present applicant and C.A.Report has confirmed that blood on his clothes was of ‘A’ group which was blood of the deceased. There is some other circumstantial evidence also. Investigation is completed and charge-sheet is also filed. Taking into consideration the material collected by the prosecution, it will not be in the interest of justice to grant bail to the applicant at this stage. 3 3 Therefore, application stands rejected. However, the learned Sessions Judge, Solapur shall expedite the trial and dispose off the same by the end of June, 2011. (J.H. BHATIA,J.)