1. Heard the Learned Counsel for the parties. The Learned APP supports the Application for cancellation of bail.

2. This Application is filed by the First informant and cousin of the deceased Santosh Pawar for cancellation of bail granted to Respondent No.2-Raju Patil, who is Accused No.2 in Crime No.50 of 2007 registered at Kulgaon police station under Sections 302, 307, 324, 147, 148, 120(B) of the Indian Penal Code, 427 and Section 4, 27(B) of the Arms Act. 3. According to the Applicant, on 30-10-2007 one Bandu Chairate of Talegaon called deceased Santosh Pawar to see particular piece of land. Accordingly on that day after 3.00 p.m. the Applicant-Ramdas Pawar, his cousin Santosh Pawar and Dattatray Pawar went to Badlapur and met one Bhalchandra Bangur. Said Bhalchandra Bangur asked the first informant and others to go to Boradpada, where his brother was present to show the land. Accordingly they left Badalapur to go to Boradpada. On the way near the Badlapur Railway Station, Bandu Chairate also joined them and they all proceeded towards Boradpada by a car. At Boradpada, Bandu Chairate left their company saying that he was busy somewhere else. At about 5.15 p.m. these persons were at the distance of 1 ½ km from Sabarigaon. At that place one silver colour Tata Sumo MH-05-G-1915 came there and gave a dash to the side of the car of the first informant. From that Tata Sumo car, Accused No.1 Balaram Patil came down and began to assault Santosh Pawar, who was on steering of his car and also dragged him out of car and assaulted on his neck and abdomen with knief. When Ramdas tried to rescue he was also assaulted by a companion of Balaram Patil with some weapons, due to which first informant Ramdas collapsed on the ground. He had seen Accused No.2 Raju also coming out from the said car and rushing towards him. Santosh Pawar died on the spot because of several injuries. First informant Ramdas was taken to hospital where his statement was recorded. In the FIR, he had specifically stated that Accused No.1 Balaram Patil, Accused No.2 Raju Patil, Accused No.3 Bandu Chairate and 5 or 6 other persons got down from the car and as per pre¬plan they had killed Santosh Pawar and injured his companions. The statement of Dattatray Pawar was also recorded by police on 1-11-2007. He gave the above details and also stated that he himself also was beaten and injured. He has specifically stated that in the said incident Accused No.2 Raju Patil had stabbed on the abdomen and caused injury on neck of Santosh Pawar with a Gupti. During the investigation Accused No.1 Balaram Patil and Accused No.2 Raju Patil, Accused No.3 Bandu Chairate and some other Accused were arrested. Postmortem report of the deceased Santosh Pawar reveals that Santosh Pawar had suffered as many as 13 injuries, out of which 9 injuries were deep penetrating or stab wounds on different parts of body including abdomen and neck. Small intestine was also cut.

4. After investigation, charge sheet was filed by the police and the case was committed to court of Sessions. Accused No.2 Raju Patil i.e. Respondent No.2 filed bail application Exhibit-4 before the Sessions Court. He had taken a plea of alibi alleging that on the day and time of alleged incident he was in shiv temple and was performing pooja. In support of this application Accused No.2 also filed affidavit of some persons. That application was rejected by the Learned First Additional Sessions Judge (Shri Y.G.Dhongade) by the order dated 3-5-2008. He observed thus -“from perusal of the FIR it is crystal clear that name of the applicant accused is appearing in the FIR disclosing the actual role in the alleged incident. I also perused the statement of eye witness Dattatraya Pawar who had been accompanied with the companion and the deceased and was present at the time of incident and he has disclosed the role of the present applicant that the Accused had committed active part in the said commission of offence”. After referrin