IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 43 OF 2010 IN CRIMINAL APPEAL NO. 699 OF 2009 KHWAJA JAMAL KHAN .. .. APPLICANT VERSUS THE STATE OF MAHARAHSHTRA .. .. RESPONDENT Ms. Saba Qureshi i/b Shahid Azmi for the applicant Mr. S. S. Pednekar, APP CORAM: SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR,JJ. DATED : 28th January, 2010 P.C. The applicant is original accused No. 9. He was tried along with 10 others for offences punishable under Section 120-B, 143, 144, 147, 148, 302 r/w 149, 176, 302 r/w Section 109, u/s. 4 read with Section 25(1-B) (b), 27 and 35 of Arms Act, u/s. 135 of Bombay Police Act. 2. The applicant has been convicted under Section 120-B of the IPC and sentenced to suffer life imprisonment. The applicant has also been convicted under Section 302 r/w Section 109 and Section 302 r/w Section 149 of the IPC and sentenced to life imprisonment. The applicant has also been convicted under Section 143 and 147 of the IPC. 3. We have heard learned counsel for the applicant. He submitted that there is no role assigned to the applicant qua the deceased. He submitted that only evidence against the applicant is that of PW 12 Lalit Dubey, who has said that the applicant and his wife tried to obstruct him and Ramsagar Yadav while they were running to save their lives. Hence the applicant be released on bail. 4. It is not possible for us to accept the submissions of learned counsel. In the incident in question two persons were killed. Evidence of PW 12 proves the presence of the applicant at the scene of offence at the time of the incident in question. He was not just present. He tried to prevent the friend of the deceased from running away. Upon consideration of the evidence on record learned Senior Judge has held that the applicant was member of an unlawful assembly, the common object of which was to commit murder of the deceased Navinchandra and Moslaprasad. Prima facie, in our opinion, the prosecution has proved the involvement of the applicant. It is not possible to release him on bail. 5. Application is rejected. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)