1 APPA 339/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 339 OF 2011 IN APPEAL NO.373 OF 2009 Umesh Ramvilas Sahani : Applicant. versus The State of Maharashtra : Respondent. Mr.Arfan Sait, appointed from the legal aid, for the Applicant. Mr. J P Yagnik, APP, for the State/Respondent. CORAM : NARESH H PATIL & MRS.MRIDULA R BHATKAR, JJ DATE : 22nd JUNE 2011 P.C. 1 Heard. 2 Applicant Umesh Ramvilas Sahani was convicted by the Ad-hoc Addl.Sessions Judge at Sewree Mumbai and sentenced to suffer imprisonment for life along with two co-accused on the charge of committing murder of deceased Shankar Ramdulari Yadav. 3 We have perused the orders passed by this Court in Criminal Application No.1306 of 2008 filed by co-accused Sachin Damu Ubale and Criminal Application No.1156 of 2009 filed by same co-accused Sachin Ubale along with Criminal Application No.926 of 2009 filed by other co-accused Sandeep Bhawdya Ramdas Ukirde. By order dated 26th February 2011 this Court 2 APPA 339/11 (Coram : P B Majmudar and R G Ketkar JJ) released the co-accused Sachin and Sandeep on bail while observing that it was clear that the applicants therein gave fist blows, whereas the fatal blow was given by the accused No.3 to the deceased. It was further clarified by the Court that the applicants therein were being released on the basis of their individual roles they played in committing the crime and same should not be taken as a ground of parity in case in future the bail application of Accused No.3 comes before the Court. 4. We have independently considered the prayer of the applicant Umesh Ramvilas Sahani on merits. We have perused the evidence of P.W2 and P.W.7 who are the eye witnesses in this case. We have also perused the evidence of Medical Officer (PW 4). According to the prosecution, the fatal blow was inflicted by the present applicant due to which the deceased suffered contused lacerated wound over right partietal area of scalp, 4 cm x 1cm x scalp deep. The deceased died, according to the Medical Officer due to head injury. Considering the evidence of the eye witnesses and the evidence of Medical Officer we find that there is a strong prima facie case against the applicant Umesh Ramvilas Sahani. The learned counsel appearing for the applicant submits that assuming that the prosecution case is true, the applicant could not be convicted and sentenced for an offence punishable under Section 302 of the Indian Penal Code. There is no intention to kill which could be attributed to the applicant. There was no motive to commit murder of the deceased. The learned APP submits that the issues raised by the learned counsel for the applicant would be considered at the time of final hearing of the appeal. During the course of hearing, the learned APP 3 APPA 339/11 pointed out to us that about eight criminal cases have been lodged against the present applicant out of which some are still pending. 5 In the light of the evidence on record we find that a strong prima facie case is made out by the prosecution against Applicant Umesh Ramvilas Sahani. The Application is rejected. However, final hearing of the appeal is expedited. The present Application is accordingly disposed of. 6 We direct the Secretary, Legal Aid Service Authority to make part payment to the counsel towards professional charges. 7 The Legal Aid Service Authority to send a copy of this order to the applicant-prisoner. (MRS.MRIDULA R BHATKAR J.) (NARESH H PATIL, J.)