:1: 908.appa.787.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 787 OF 2011 IN CRIMINAL APPEAL(ST) NO. 996 OF 2010 IN SESSIONS CASE NO. 1 OF 2008 Sallauddin @ Bablu Nizamuddn Shaikh ..Appellant Vs. The State of Maharashtra ..Respondent ____________________ Mr. Khan Abdul Wahab,for Appellant. Mr. J. P. Yagnik, A. P. P. for the State. CORAM :- NARESH. H. PATIL, & K. U. CHANDIWAL, J J. DATE :- JULY 8, 2011 P.C. Heard. Applicant Mr. Sallauddin was convicted for offence punishable U/section 302 of Indian Penal Code and sentenced to suffer life imprisonment and also convicted for offence U/s.397 r/w Section 34 of Indian Penal Code, and sentenced to suffer R. I. for seven years with fine. 2 The Applicant and deceased were working together in a Bakery. They used to sleep in the Bakery premises. The prosecution case is that the Applicant along with his brother committed murder of deceased Javed, who suffered 17 injuries, according to PW-8 Dr. Prakash Shinde. :2: 908.appa.787.11 3 The Learned Counsel for the Applicant submits that this case is based on circumstantial evidence. There is no eye witness to the incident. There was no motive to commit murder of deceased Javed. Blood stained cloths were allegedly recovered from the Applicant after six days. It was further submitted that considering the evidence of PW-4, PW-5 and other evidence brought on record,it could be gathered that the prosecution has failed to establish charge against the Applicant. 4 With the assistance of Learned Counsel for the Applicant, we have perused the deposition of the witnesses like PW-4, PW-5 and PW-6 and medical evidence. 5 The Learned A.P.P has opposed the bail application on the ground that there are incriminating circumstances against the Applicant which are brought on record. 6 We have considered the submissions advanced and perused the material placed before us. Prima facie, it is noticed that the Applicant used to sleep along with the deceased. He was last seen with the deceased. The blood stained cloths having blood group of the deceased were recovered from the person of the applicant. There is no explanation given by the Applicant in his statement recorded U/section 313 of Criminal Procedure Code. Considering the facts and circumstance of the case, we are not inclined to release the Applicant on bail. Application stands rejected. ( K.U.CHANDIWAL, J.) ( NARESH H. PATIL, J.)