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 CRIMINAL APPLICATION No.987 OF 2008 CRIMINAL APPLICATION No.987 OF 2008 CRIMINAL APPLICATION No.987 OF 2008 Pawan @ Bablu Somnath Nade ..Applicant. Vs. The State of Maharashtra ..Respondent. Mr H. E. Palwe, Advocate for the Applicant. Ms M. H. Mhatre, A.P.P. for the State. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 28.4.2008. DATED: 28.4.2008. DATED: 28.4.2008. P P P.C. C. C. 1. Heard learned counsel for the applicant and the learned APP for the State. 2. Perused the application and the material available on record. 3. The applicant has moved the present application after having suffered adverse order at the hand of the learned Ad-hoc Additional Sessions Judge, Nashik dated 15.11.2007, in C.R.No.497 of 2007 registered with Nashik Road Police Station, Nashik for the offence punishable under Sections 302, 307, 143, 147, 148, 149 of the I.P.C. read with Section 135 of the Bombay Police Act, wherein the learned Judge has observed, as under: 6."In order to appreciate the arguments advanced by the learned senior counsel Shri Kale and learned APP I have gone through the all material placed by the parties. It clearly shows from this application that present applicant has no concern with this offence. But it appears from complaint that on the day of incidence the witness, Nisha Kardile and her lover Pavan alias Babalu Nade, the applicant were sitting in the garden in front of the society of deceased. The deceased had objected them for sitting there and hence being annoyed of the same, the present applicant called to his friends, other accused persons. They were having deadly weapons and they committed brutal murder of Santoshsing. The present applicant is main accused in this case. The present applicant has played material role in this case. Only due to call of the applicant, the other accused came to spot having deadly weapons and the alleged incidence took place." 7."On perusing the statements of witnesses recorded under Section 161 of Cr.P.C. it clearly shows that the witnesses have specifically stated all facts. That apart it is also material to note that the witness Nisha Prabhakar Kardile specifically stated that on the day of incidence the applicant was present on the spot. It also appears that during the course of investigation the clothes of present applicant were seized. The blood stains were found on his clothes. The weapons were recovered from the accused persons." 4. Having seen the material available on record and the seizure of the blood stained clothes of the applicant, no view other than the view by the learned Additional Sessions Judge can be taken while deciding this application. 5. If the aforesaid material is translated in the form of legal evidence during trial then possibility of conviction is not remote. In this view of the matter, the application is rejected for the reasons recorded herein together with the reasons recorded by the learned Ad hoc Additional Sessions Judge-4, Nashik in her order dated 15.11.2007 with which I concur and affirm. 6. In the result, the present application stands rejected. However, the Trial may be treated as "Expedited". 7. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)