1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1379 OF 2009 Mangesh Arvind Khare .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Sudhir Halli for the applicant. Mrs.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 2ND MAY, 2009. DATED : 2ND MAY, 2009. DATED : 2ND MAY, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.190 of 2008 of Haveli police station, Pune. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC. 3. The prosecution case, in brief, is that on 26.4.2008 at 9 pm all the three accused assaulted the deceased - Monu by means of sickle and committed his murder. The medical evidence supports the prosecution case. The deceased sustained 18 wounds and most of them are possible with sharp edged weapon. I have perused the statements of the complainant - Sonu 2 2 2 Chaudhari and Mahesh Kamthe. Mahesh Kamthe is an eye witness. He has attributed specific over act to the present applicant, who, according to him, assaulted the deceased on his head with sickle in his hand. Mr.Halli, learned counsel submitted that there is a contradiction in the statement of Sonu Chaudhari and Mahesh Kamthe. In my opinion, such submission cannot be considered and appreciated at this stage. Admittedly, the complainant is not an eye witness and he has simply stated what he was informed about the incident by Mahesh Kamthe. Having considered the statement of Mahesh Kamthe and P.M.report, in my opinion, this is not a fit case to enlarge the applicant on bail. Hence the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)