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.4136 OF 2008 CRI.APPLICATION NO.4136 OF 2008 CRI.APPLICATION NO.4136 OF 2008 Vijay Shivaji Kamthe, .. Applicant. Vs The State of Maharashtra, Respondent. Mr Sachin Punde, for the applicant. Mr Y.S.Shinde, APP, for the State. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 02/12/2008 DATE : 02/12/2008 DATE : 02/12/2008 PC: PC: PC: 1. Heard Mr.Punde, learned counsel for the applicant and Mr.Shinde, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.29 of 2008 of Saswad police station,Dist-Pune. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 302 of IPC. 3. It is the prosecution case that on 25.3.2008 at 5 pm, the applicant assaulted the deceased mercilessly with stone and committed his murder on account of a dispute over the land transaction. This incident was witnessed by Suman Kamthe, a daughter-in-law of the deceased. She has given the detailed description as to how the deceased was killed by one unknown person with stone. Unfortunately, the prosecution did not make the said witness to identify the applicant in the test identification parade. However, there are two witnesses, namely, Sunita Kamthe and Uttam Kamthe, who claim that they had seen the deceased and the applicant together just before the occurrence and they have identified the applicant as the same person, who was with the deceased at the relevant time. The prosecution has also placed on record a memorandum of attachment of the clothes of the applicant stained with blood. Thus, there is sufficient circumstantial evidence on record to connect the applicant with the alleged incident apart from the ocular version of Suman Kamthe. In my opinion, this is not a fit case to enlarge the applicant on bail. Hence, the application is rejected. . While rejecting this application, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)