IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3298 OF 2008 CRI.APPLICATION NO.3298 OF 2008 CRI.APPLICATION NO.3298 OF 2008 Kachara @ Tausib Abdul Rafiq Shaikh.. Applicant. Vs The State of Maharashtra, Respondent. Mr Rahul Kulkarni, for the applicant. Mr K.V.Saste, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 12/11/2008 DATE : 12/11/2008 DATE : 12/11/2008 PC: PC: PC: 1. Heard Mr.Kulkarni, learned counsel for the applicant and Mr.Saste, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.565 of 2007 of Yerwada Police Station. The said crime has been registered against the applicant and six others for having allegedly committed an offence punishable under sections 302 and 201 of IPC. This is a case of circumstantial evidence. The circumstances relied upon by the prosecution are : motive, last seen together, extra judicial confession, and recovery of weapon. Insofar as the present applicant is concerned, the prosecution has relied upon the first three circumstances. I have perused the statements of Iqabal Karim Shaikh and Balasaheb Vishwanath Waghmare. Both have clearly stated that as to how the present applicant and other accused abducted the deceased in the intervening night of 27th and 28th December, 2007. It appears that at the time when they abducted the deceased there was a quarrel and scuffle between the deceased and the accused. Thereafter, on the next day, the dead body of the deceased was found. One of the accused made extra judicial confession to Mohd Mulani, to whom the accused Guljar has specifically told as to how all the accused killed the deceased and that the applicant was also with them. There is sufficient material on record, at this stage, to connect the applicant with the alleged offence and hence this is not a fit case to enlarge the applicant on bail. The application is rejected. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)