1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5411 of 2009 Tutta @ Balkrishna Vallinaygam ... Applicant versus The State of Maharashtra ... Respondent ... Mr. P.D. Dalvi for the applicant. Mr.J.P. Kharge APP for the State. CORAM : D.G. KARNIK, J. DATED : 25th February 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R.No. I-33 of 2009 registered at Ambernath Police Station, District Thane for an alleged offence punishable u/s.302, 143, 147, 148 and 149 of the IPC. 3. The prosecution case is that on 24th February 2009, between 8.30 and 9.00 p.m, the applicant along with others assaulted Akbar Shaikh 2 (for short “the deceased”) with knife, sword and other sharp weapons and also a big stone and killed him. The killing was on account of the fact that the deceased had given the evidence against them in the Court. Shanka Ramu Harijan who was present at the scene of offence is an eye witness. She also received injuries and her presence cannot be doubted. Son of deceased is another an eye witness. Thus, there is a prima facie evidence connecting the applicant to the crime. The offence is a serious offence punishable with death or imprisonment for life. In the circumstances, applicant cannot be granted bail. Hence the application is rejected. (D.G. KARNIK,J.)