V.K Tahilramani, J.:— Heard both sides.
2. The applicant - original accused No. 1 has been convicted under Section 302 r/w 34 of IPC for causing the death of Fakir by strangulating him. The applicant is now seeking bail.
3. Fakir was the husband of Haseena who is accused No. 2. The applicant and Haseena were having illicit relations. This became known in the village. On account of this, quarrel took place between Fakir and Haseena. In order to settle the said quarrel, meeting of panchas in the village was called. This meeting was attended by some persons in the village, accused No. 2 - Haseena, her grandmother and paternal uncle as well as Fakir and his relations. In the meeting, the panchas tried to convince Haseena but she did not listen to them.
4. On 6.12.2014 at 2.00 p.m, Fakir told his father PW 10 Dastgeer who is the complainant that Haseena and Mukhtar had gone to sugarcane field of Mukhtar. Then Fakir and Dastageer both went to search the accused Mukhtar and Haseena to the agricultural land of Mukhtar. Fakir proceeded from one way and Dastageer proceeded the other way. Dastageer stood on the road. Thereafter, he saw the applicant Mukhtar and Haseena coming out of the sugarcane crop. First, the applicant came out of the sugarcane crop. Dastageer asked the applicant why he was ruining their family i.e the family of Dastageer and Fakir. The applicant then ran away from the spot. After some time, accused No. 2 Haseena came out of the sugarcane crop. Dastageer inquired with her whether Fakir was in the sugarcane crop. Haseena replied that she did not know. Haseena then returned home, however, Fakir was missing. Dastageer told villagers that Fakir was missing after he went into the sugarcane crop.
5. On the next morning, PW 8 Siddhiq informed Dastageer that Fakir was killed in the agricultural land of the applicant. Dastageer then went to the police station. Thereafter, they went to the agricultural land of the applicant. There they found the dead body of Fakir lying under the Neem tree.
6. The evidence on record shows that the applicant and original accused No. 2 Haseena were having an affair. Both the applicant and Haseena were in the sugarcane crop of the applicant. Deceased Fakir went into the sugarcane crop of the applicant. Thereafter, the applicant and Haseena were seen coming out of the sugarcane crop field. After Fakir entered into the sugarcane field, he was not seen alive. The sequence of events shows that it was the appellant and Haseena who did away with Fakir. They also had motive to kill Fakir which is brought on record by the evidence of PW 10 Dastageer. In addition, as far as the applicant is concerned, there is circumstance of extra judicial confession made by him to PW 8 Siddhiq and PW 9 Kazi.
7. Looking to the evidence on record, we are not inclined to grant bail to the applicant, hence, the application is rejected.
8. Office to communicate this order to the applicant who is lodged in Kolhapur Central Prison, Kolhapur.