IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3789 OF 2008 CRIMINAL APPLICATION NO. 3789 OF 2008 CRIMINAL APPLICATION NO. 3789 OF 2008 Nandu @ Santosh Shankar Salve ...Applicant vs. The State of Maharashtra ...Respondent Mr.Naveen Chomal for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 21, 2009 DATED : JANUARY 21, 2009 DATED : JANUARY 21, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Section 302 read with 34 of the IPC. 3. It is alleged that the applicant and others assaulted the deceased with sword and other lethal weapons and as a result of which, the deceased died on the spot. There are eye witnesses to the said incident who have named the present applicant in the commission of the said offence. One of the witnesses also has - 2 - stated that there was prior enmity between the present applicant and the deceased. He has stated that on one occasion, the deceased had assaulted the applicant with knife and had injured him and therefore, the applicant had from time to time informed him that he was going to commit murder of the deceased Krishna. In view of the statements of the witnesses and the statement of Hiraman Govind Thakare whose statement was recorded under Section 164 of the Cr.P.C. by the Special Executive Magistrate, there is ample material on record to show the involvement and active role played by the applicant. 4. It is submitted that the statements of these witnesses have been recorded after three days from the date of the said incident. It is also submitted that the body of the deceased was found in the cold condition, therefore, in reality, there is no eye witness to the said incident and the body of the deceased was found in some other place and thereafter, it was brought to the place were the applicants and others allegedly murdered him. - 3 - 5. This submission, at this stage, cannot be accepted. Merely because there is a delay of three days, statements of the eye witnesses cannot be discarded. Motive also has been clearly stated by one of the witnesses. The question of time of death and other aspects will have to be considered at the actual final hearing of the trial. In my view, therefore, if the applicant is released on bail, there is every possibility that the applicant may threaten the witnesses or tamper with the evidence. Some cases are pending against the present applicant. 6. Taking into consideration all these circumstances, therefore, the application for bail is rejected. The trial, however, is expedited. The trial court is directed to decide the case, expeditiously. The trial court shall not be influenced by any observation made by this court while rejecting this application for bail. The trial court shall decide the case, on merits and in accordance with law. 7. The application is disposed of. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)