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.4405 OF 2008 Ajinath @ Ajay Tukaram Rathod .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.V.V.Purwant for the applicant. Ms.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 : 10TH DECEMBER, 2008. DATED : 10TH DECEMBER, 2008. DATED : 10TH 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.I-93 of 2008 of Umbraj police station, Thane. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 302, 201 of IPC. 3. It is the prosecution case that the applicant and the co-accused assaulted the deceased - Dilip Gurav in the intervening night of 22.6.2008 and 23.6.2008 and committed his murder. I have perused the statements of an eye witness - Sonali and two other witnesses, namely, Bande Nawaz Hassan Shaikh - tempo driver and Rajendra Kavar - Rikshaw driver. 2 2 2 Sonali has clearly stated as to how both the accused assaulted the deceased and committed his murder. The tempo driver had seen the accused persons carrying the dead body of the deceased to the spot where they burnt it. The Rikshaw driver had seen accused no.1 carrying a kerosene Can to the place where the dead body was burnt. Having regard to the statements of all the three witnesses and considering the post mortem report I am satisfied that there is sufficient material on record to connect the applicant with the alleged crime. 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.)