crn.743.09-cra.289.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.743 OF 2009 IN CRIMINAL APPEAL NO.289 OF 2009 Anisahmed Hanifahmed Shaikh, ] Age : 50 years, Indian Inhabitant, ] Occ.Service, Dr.Baba Sahab Ambedkar ] Nagar, Shatabdi Nagar, Near Kalubai ] Temple, Sion, Dharavi, Mumbai ] No.400017. ] (Presently lodged at Nasik Road ] Central Prison, Nasik, Maharashtra, ] as convicted prisoner in CR NO.237 ] of 2006 of Dharavi Police Station) ] ..APPLICANT. [Orig.Accused No.3] Versus The State of Maharashtra, ] (At the instance of Dharavi ] Police Station vide their ] C.R. No.237 of 2006) ] ..RESPONDENT. .......................... Mr.Khan Abdul Wahab, Advocate for the Applicant. Dr.F.R. Shaikh, A.P.P., for the Respondent - State. .......................... crn.743.09-cra.289.09 2 CORAM : BILAL NAZKI AND A.R. JOSHI, JJ. DATE OF RESERVING : 8-9-2009 DATE OF PRONOUNCING : 15-9-2009 ORAL ORDER (Per A.R. Joshi,J.) :- 1. The present bail application is preferred by original accused No. 3 for his release on bail during pendency of the Appeal preferred by him. The said Appeal was preferred against the judgment and order of conviction dated 3rd March, 2009 passed by the Ad-hoc Additional Sessions Judge, Sewree, Mumbai. By the said judgment and order, applicant-orig.accused No.3, alongwith other co-accused, was convicted for the offence punishable under Section 302 r/w. 34 of Indian Penal Code and was sentenced to suffer life imprisonment and fine of Rs.3000/- each and in default to suffer R.I. for one year. 2. Reportedly, since the time of arrest, the applicant-orig.accused No.3 is in custody i.e. since 5th November, 2006. During the trial, the applicant-orig.accused No.3 was not on bail and was throughout in custody till date. crn.743.09-cra.289.09 3 3. Offence of murder occurred on 4th November, 2006 at about 7:00 p.m. in Dharavi, Mumbai area when deceased by name Mohd. Farooq, brother of the complainant, was assaulted by the applicant- orig.accused No.3 along with his three other associates. Sword-stick (commonly known as Gupti) and choppers were used as weapons of assault. The role assigned to the present applicant-orig.accused No.3 is use of such weapon by him. There were multiple injuries on the chest, abdomen and other parts of the body including the hands of the deceased. According to the case of the prosecution, the said incident was witnessed by PW-4. The complainant, brother of the deceased, was immediately informed regarding the assault on the deceased and within few minutes they reached the spot and saw his brother in an injured condition lying on the ground. While the injured was being taken to medical treatment, on the way he disclosed the names of all the four assailants including applicant- orig.accused No.3. On reaching the hospital, immediately treatment was started and intimation was given to the police. After arrival of police party, complaint was lodged by the complainant giving names of all the assailants including applicant-orig.accused No.3. crn.743.09-cra.289.09 4 4. There is recovery of weapon at the instance of the applicant- orig.accused No.3. Considering such case of the prosecution and which is accepted by the trial Sessions Court to convict all the accused, in our opinion, it is not a fit case in which during pendency of the Appeal the applicant can be released on bail, more so, when he was all along in jail since the date of his arrest and had been convicted for the offence of murder. 5. Under the above circumstances, we do not feel that it would be appropriate to release the applicant-orig.accused No.3 on bail and hence the present application for bail stands dismissed and accordingly disposed of. [BILAL NAZKI,J.] [A.R.JOSHI,J.]