BA-893-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.893 OF 2011 Jayesh Navalshankar Joshi ... Applicant V/s. State of Maharashtra, Thru' Malad Police Station, Mumbai ... Respondent Mr. A.P. Mundargi, Sr. Advocate, i/b. Mr. Hrishikesh Mundargi, for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 4 TH AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. That the deceased died homicidal death cannot be doubted. The father of the victim had expressed suspicion against the Applicant at the time of lodging the F.I.R. itself. Immediately after lodging the F.I.R., the statement of one Pressly Mendosa was recorded and the said Pressly Mendosa claimed himself to be an eye witness to the incident. The said Pressly Mendosa has later on, BA-893-11.sxw 2 Dixit reportedly, identified the Applicant and the co-accused in a test identification parade that was held on 17th November, 2010. 4. The main contention of Mr. Mundargi, the learned Counsel for the Applicant, is that before the test identification parade, the photographs of the Applicant were published in the newspapers and, therefore, the value of the identification made by the said witness is almost nil. Without commenting on the effect of publication of the photographs of the Applicant before the holding of the test identification parade, it may be observed that the identifying witness had learnt about the identity of the Applicant in the course of the incident itself. Thus, there is some assurance to the identification of the Applicant made by him. 5. It cannot be said that there exists no prima facie case against the Applicant. I find the assault to be quite brutal from the injuries found on the dead body, as are revealed in the notes of post-mortem examination. 6. Considering all the relevant aspects of the matter, I am not inclined to release the Applicant on bail. There is no reason to presume at this stage that the trial cannot be expeditiously held. 7. The Bail Application is rejected. [A.M. THIPSAY, J.]