1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1831/2009. Shafi Mohamed Abdul Hamed Makrani ­ APPLICANT VERSUS The State of Maharashtra ­ RESPONDENT ***** Mr.S.U.Choudhari, Advocate for Applicant; Mr.K.M.Suryawanshi, APP for State. ­­­­­ CORAM : K.U.CHANDIWAL, J. DATE : 21st August, 2009. PER COURT : 1) Heard learned Counsel extensively. 2) The accused/applicant, in custody, seeks release on bail for an offence under Sections 302, 307, 147, 148, 120­b, 323, 504, 506(2) r/w 34 of IPC. 3) The F.I.R. dated 14.10.2008 of Abdul Hakeem Abdul Sattar Makarani in unmistakable terms implicate the accused holding an axe and assaulting the injured, who was done to death. It is not that the complainant could base a mistaken identity. Indeed it was the complainant, who was also a prey for the team of several persons, accompanying the accused, but fortunate enough was the complainant to sneak in the nearby bushes 2 of agricultural field, but to watch what is the aftermath, in which, Abdullah Abdul Raheman Makarani lost, his brother’s life. 4) The parties are having acrimonious relations since long. There was earlier report by the present accused/applicant – Shafi Mohamed Abdul Hamed Makarani dated 15.10.2007, 5) The Counsel during the course of submission, informed, the accused/applicant – Shafi is physically unfit being left creepled owing to the incident dated 15.10.2007 and according to him, he could not on 14.10.2008 activate in the manner it has been displayed. At this stage of the matter, the ill­health of the applicant/accused by itself will not be a ground to be considered. There is indictment of the accused from several angles. The accused posed threats to the victims. Consequently, Criminal application for bail is rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran1831.09