:1: 7.appa.341.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.341 OF 2011 IN CRIMINAL APPEAL NO.388 OF 2009 Rajkumar Amrish Rawat ..Applicant Vs. The State of Maharashtra ..Respondent Mr. Milan Desai, for Appellants. Mr. D. P. Adsule, APP for the State. CORAM :- NARESH. H. PATIL, & K. U. CHANDIWAL, J J. DATE :- JULY 4, 2011 P.C. Heard, the Applicant- Rajkumar Amrish Rawat, was convicted by a Judgment and Order dated 25.11.2008 passed by Learned 6th Adhoc Additional Session Judge, Sewree, Mumbai in Sessions Case No. 6 of 2007 and sentenced to undergo life imprisonment under Section 302 r/w 34 of Indian Penal Code along with two accused namely Kamal Kanojia and Kamlesh Kanojia. :2: 7.appa.341.11 2 The Applicant along with co-accused were charged for committing murder of four persons of the same family. The prosecution has examined 28 witnesses to prove the charge and accusation made against the accused. 3 The Learned Counsel for the Applicant submits that there is no evidence against the Applicant to connect him with the crime. He was not identified in the test identification pared. The evidence of PW-7, PW-15 and PW-28 is not credit worthy and reliable to connect the Applicant with the crime. The prosecution claims to have recovered some articles, which were stolen by the Applicant after committing crime and two Railway tickets which are in itself not sufficient circumstance to hold the Applicant guilty for the offence allegedly committed by him. Applicant is a boy of 18 years and considering the quality of evidence on record, the Applicant be released on bail. He submits that so far as the other two co-accused are concerned, they have not preferred any bail application in the proceedings of the present Appeal. 4 Learned A. P. P. submits that the Applicant - Rajkumar Rawat was identified in the test identification pared. The prosecution witnesses have seen him along with two accused persons going down from the stair case after committing offence. It is a serious case where four persons of the same family were cruelly assaulted and killed. Gold, Diamond ornaments were recovered from accused persons. From Applicant - Rajkumar two Railway tickets were :3: 7.appa.341.11 also recovered as he was trying to flew along with the co-accused. There are strong circumstances brought on the record which connect Applicant to the crime and considering the same, the application be rejected. 5 We have perused original record and proceedings. We find that four persons were cruelly murdered. The prosecution has brought on record circumstance against the Applicant Rajkumar in terms of recovery of Gold, Diamond ornaments & Two Railway Tickets. Rajkumar was identified in the test identification pared. Evidence of PW-7 shows involvement of Applicant in the crime. The prosecution evidence suggests that crime was committed by the Applicant along with two accused persons. At this stage, we find that there is a prima facie strong case and other circumstances against the Applicant. Considering the gravity of the offence, the nature of accusation and the assault, we are not inclined to release the Applicant on bail. The application stands rejected. ( K.U.CHANDIWAL, J.) ( NARESH H. PATIL, J.)