IN THE HIGH COURT OF JUDICATURE AT BOMBAY VP H CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATON No. 664 OF 2009 Sumedh V.Kamble ... Applicant Vs The State of Maharashtra ... Respondent Mr. Rahul S. Kadam i/b Subhash Hulyalkar, for the Applicant. Mr. D.P. Adsule, APP for the Respondent. CORAM: V. M. KANADE, J. DATED: FEBRUARY 20, 2009. P.C.: ---- . Heard the learned counsel appearing on behalf of the applicant. Applicant is arrested in connection with the offence punishable under Section 302, 120(b), read with Section 34 of Indian Penal Code. It is submitted that there is no mateial to indicate involvement of the applicant in the commission of the crime. It is alleged that the applicant along with others had assaulted the deceased with knife and had murdered him. The applicant was the main assailant. There are witnesses who have heard the applicant and his friends conspiring together to murder the deceased. The applicant was last seen together in the company of other accused. Recovery of blood stained clothes and the knife has been made at the instance of - 2 - the present applicant. The counsel for the applicant has relied on the judgment of the learned Single Judge of this Court in Criminal Application No.3443 of 2006 dated 4th October 2006. It is submitted that in the said case, the learned Single Judge has observed that merely because C.A. report is not received, that could not be a ground for not granting bail to the applicant. I am affraid the said judgment will not be any assistance to the applicant in this case, since the facts in the said case and the present case are different. Application for bail is therefore, rejected. Sd/- [ V. M. KANADE, J.]