1 Cri-A-167-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 167 OF 2011 Mr. Salim Gulab Khan ... Applicant/accused vs. The State of Maharashtra ... Respondent/complainant Mr. N. Khan, Advocate, for the applicant. Ms. A.T.Javeri, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 11th February, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The applicant seeks to be released on bail in Crime No.185/2010 registered at Kandivli Police Station under section 302 read with Sec. 34 of IPC. 3. Prosecution case, in brief, is that first informant Ankit Gupta and his friends,namely, Amit and Bablu were moving near Aloos Cafe. At that time, present applicant Salim and his friend Raunak and Usman came there. Deceased Amit Rathod teased the applicant by saying that he looked like a girl as he had long hairs. This was protested by the applicant and Amit and his friends told him 2 Cri-A-167-11.sxw that they had no intention to tease him. The applicant and his companions could not be pacified. At that time, Raunak allegedly picked up 7 or 8 inches long broken piece of glass from the garbage and the present applicant caught hold of Amit and Raunak stabbed him with broken piece of glass . When Bablu came to his rescue, he was also stabbed. In the said incident, Amit and Bablu died. On the basis of report lodged by Amit, offence was registered. 4. The learned Counsel for the applicant contends that the incident had occurred suddenly and on the spur of moment. There was no previous enmity and after some sudden quarrele, Raunak stabbed two persons resulting in their death. According to the learned Counsel, the present applicant had not stabbed nor he was armed with any weapon. According to him, in view of the role attributed to the present applicant, he may be granted bail. He further contended that the applicant was 17 years old at the time of incident. 5. On the other hand, the learned APP contended that the Investigating Officer had collected certificate from Dr. B.R.Ambedkar Vidyalaya where the present applicant was student and as per the certificate, the date of his birth is 2.2.1991 and thus on the date of incident, he was 19 years old and not a juvenile. It is also pointed out that the present applicant facilitated the stabbing of Amit as 3 Cri-A-167-11.sxw he caught hold of Amit when Raunak stabbed him. Taking into consideration murder of two young boys at the time of the incident, there is every possibility that if the accused is released, he may tamper with the prosecution evidence or may abscond. Therefore, in view of the circumstances, it is not desirable to grant bail. 6. In the result, the application stands rejected. (J.H.BHATIA,J.)