1 APPA 860.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 860 OF 2011 IN CRIMINAL APPEAL NO. 289 OF 2009 Mr. Ajij @ Langda Banne Shaikh. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. Prakash Wagh i/b. Saheeda Shaikh for the Applicant. Ms. Asma Shaikh i/b. Khan Abdul Wahab for the Appellant in Appeal No. 289 of 2009. Mr. J.P. Yagnik, APP for the State. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 26th JULY 2011. P.C. :- Heard. 2. The Applicant is convicted for life alongwith other accused persons. The learned Counsel for the Applicant submits that there is no motive for committing crime. The witnesses have not attributed any role to the Applicant in respect to the assault made on the deceased. The prosecution evidence is in respect of the accusation made against the Applicant. It was submitted that the Applicant is in Jail since long. 2 APPA 860.11.sxw 3. The learned APP submits that the PW-4 - eyewitness has named the Applicant alongwith other accused persons. The deceased was brutally assaulted. 4. We have perused the deposition of witnesses including witness nos. 1 and 4, medical evidence and we find that the prosecution witnesses have named the Applicant alongwith other accused persons. The deceased was assaulted, who and succumbed to the injuries. 5. The Applicant had filed Criminal bail application bearing No.391 of 2009 which was withdrawn on 16th June 2009. The application filed by co-accused Aneez Ahmed Shaikh was dismissed by the Division Bench of this Court by an order dated 15th September 2009 passed in Criminal Application No. 743 of 2009. 6. Considering the nature of the accusation and manner of assault, we do not find that the Applicant deserves to be released on bail. 7. The application is rejected. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)