1 APPA 831/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.831 OF 2011 IN APPEAL NO.243 OF 2007 Mehbub Dagadu Mulani : Applicant. versus The State of Maharashtra : Respondent. Mr. P B Naiknaware for the Applicant. Mr. J P Yagnik, APP, for the State/Respondent. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : 27TH JULY 2011 P.C. 1 Heard learned counsel for the applicant and learned APP for the State/Respondent. 2 Applicant, who is a life convict, seeks bail, pending hearing. Learned counsel for the applicant submits that there was no intention on the part of applicant to commit murder of deceased. The evidence of eye witnesses is not believable. The prosecution has failed to establish motive to commit crime. Considering the fact that hearing of appeal would take considerable long time and in view of the fact that the appeal is pending in this Court since 2007, the applicant be released on bail. 2 APPA 831/11 3 Learned APP opposes the applicant on the ground that there are two eye witnesses who have deposed against applicant. At the time of hearing of appeal, appreciation of evidence could be gone into. 4 We have perused the record. There are two eye witnesses to the incident in question who named applicant as assailant of the deceased. The deceased died on the spot due to injuries suffered by him. Considering the evidence on record, a strong prima facie case is made out against the applicant. We are not inclined to grant bail to applicant. Application is rejected. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)