appa769-10 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 769 OF 2010 IN CRIMINAL APPEAL NO. 301 OF 2009 Manoj Motiram Avale .. Applicant Vs The State of Maharashtra .. Respondent Mrs. B.P. Jakhade, advocate appointed for the Applicant Mrs. P.H. Kantharia, APP CORAM : SMT. RANJANA DESAI & SMT. V.K. TAHILRAMANI, JJ DATE : 15th JULY, 2010 P.C.: 1. The applicant - original accused no. 1 has been convicted by judgment and order dated 01.01.2009 passed by Additional Sessions Judge, Thane in Session Case No.187 of 2006 for the offence under sections 302,397 and 394 read with 34 of IPC. 2. The prosecution case is that the complainant Vijay Tambde and deceased Vipul were working in Data-Core India Company. On 24.11.2005 at about 6.00 a.m., while they were returning home, three unknown persons who were armed with knife and choppers intercepted them. On seeing them, Vipul 1 appa769-10 started running away. He was chased by two of the persons and he came to be assaulted and robbed. The third person robbed the complainant of cash of Rs. 3050/- at the point of deadly weapon. In the incident, Vipul sustained head injury as well as injury to the stomach. Vipul was rushed to the hospital where he was declared dead. 3. The learned counsel for the applicant submitted that the complainant has not identified the present applicant in the identification parade. This may be so because immediately on seeing the armed persons, Vipul started running away and he was chased by the applicant and other accused. Thus, there was hardly any chance for the complainant to observe the applicant. However, identification by a witness is not the only method for reaching to the conclusion that a person is involved in the crime. The applicant was arrested soon after the incident. It is pertinent to note that soon after the arrest of the applicant, at his instance, from his house, one black colour synthetic nylon bag came to be seized which was found containing identification card of deceased Vipul Natkar which bore the passport size photo of Vipul, one CD of 'Moser Bear' company, one phone diary on which name of the victim Vipul Natekar was mentioned. One small steel tin for tiffin, one silver-coloured small radio of 'Palito' company and one 2 appa769-10 railway pass bearing photograph of deceased Vipul. No explanation has been furnished by the applicant as to how he came in possession of articles belonging to the deceased. Thereafter, one blood stained shirt and chopper also came to be seized at the instance of the applicant. Thus, there is sufficient material on record to connect the applicant with the crime, hence, we are not inclined to grant bail. 4. Application for bail is rejected. [SMT. RANJANA DESAI, J.] [SMT. V.K. TAHILRAMANI, J.] 3