1 APPA 421.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 421 OF 2011 IN CRIMINAL APPEAL NO. 115 OF 2011 Rajkumar Rajesh Patel. ... Applicant. (Accused No.3) V/s. The State of Maharashtra. ... Respondent. ALONGWITH CRIMINAL APPLICATION NO. 779 OF 2011 IN CRIMINAL APPEAL NO. 158 OF 2011 Rameshkumar Shripruthvipal Patel. ... Applicant. (Accused No.4) V/s. The State of Maharashtra. ... Respondent. Mr. A.V. Chatuphale for the Applicant in Appln.No.421/11. Mr. A.G. Toraskar, for the Applicant in Appln. No. 779/11. Ms. S.V. Gajare, APP for the State. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 20th JULY 2011. P.C. :- Heard. 2. The Applicants seek bail during the pendency of the Appeals. 2 APPA 421.11.sxw 3. The learned Counsel for the Applicants submits that the case is based on circumstantial evidence. There were no recoveries made from the Applicants. The Applicants were not identified and the medical evidence even does not support the prosecution. There is recovery of ‘gamcha’ from the Original Accused No.3. 5. The learned APP submits that PW-1 and PW-2 are real brothers and the Applicants were last seen with the deceased. Blood stained clothes were recovered from the Applicants. 6. We have perused the record and considered the submissions. We find that there is a strong prima-facie case against the Applicants. 7. The circumstances established by the prosecution includes medical evidence, C.A. Report. The Applicants were last seen with the deceased. There were blood stains on the clothes. Considering all the facets of the case, we are not inclined to grant bail to the Applicants. 8. Rejected. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)