1 1 1 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.3946 OF 2008 Riyaz Sazfuddin Shaikh .. Applicant. Vs. State of Maharashtra .. Respondent. Ms.Manisha R.Karnik for the applicant. Mrs.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 3RD DECEMBER, 2008. DATED : 3RD DECEMBER, 2008. DATED : 3RD DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.211 of 2008 of Mumbai police station. The said crime has been registered against the applicant and 8-9 others for having allegedly committed an offence punishable under sections 302, 385, 147, 148, 149 of IPC and 37(1) 135 of the Bombay Police Act. 3. The prosection case is that on 11.5.2008 at 8.30 pm all the accused assaulted the deceased with sharp weapons and committed his murder. Insofar as the applicant is concerned, it is alleged that he was armed with chopper and he assaulted the deceased on his shoulder. The post mortem report supports the 2 2 2 allegations against the accused persons and the cause of death mentioned by the Doctor is "Haemorrhage and shock due to multiple injuries caused by heavy sharp weapon". Having considered the statement of the complainant - Arif Shaikh and other material on record, in my opinion, this is not a fit case to enlarge the applicant on bail. Hence the application is rejected. . While passing this order 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.)