1 IN THE HIGH COURT OF JUDICAURE AT BOMBAY: NAGPUR BENCH:NAGPUR CRIMINAL APPLICATION NO.2859 OF 2006 Devanand Madan Borkar versus State of Maharashtra Mr. P. B. Agrawal, Advocate for the applicant. Mr. Thakre, A. P.P. For the respondent CORAM: S. R. DONGAONKAR, J. DATE : 21.9.2006 Heard counsel for the parties. The applicant claims bail under section 439 of Criminal Procedure code as he is accused, arrested in crime no.24/2006 dated 17.2.2006 of Police Station, Mouda, under section 302 of Indian Penal Code. The learned counsel for the applicant submits that there is no incriminating evidence against this accused. He is student of B.A. and he has been falsely implicated in this case. Further according to him deceased was a habitual offender and number of offences have been registered against him in the past. It is also submitted that the charge sheet has already been filed after the investigation in the court of the Judicial Magistrate First Class, Ramtek and the case is 2 committed to the court of Sessions. On perusal of the material on record, it appears that there is eye witness account to the incident showing that the accused had assaulted the deceased. Postmortem Note shows that there are as many as 13 injuries on the body of the deceased by the weapon used by the assailant. It is also stated by the prosecution that the prosecution has recorded the statements of Rupchand, Rakesh and Vilas under section 164 of Criminal Procedure Code and they have supported the prosecution case. In these circumstances, even if it is assumed that the accused is taking education and deceased was habitual offender and number of offences have been registered against, this by itself does not make the applicant entitled to seek bail. Hence application rejected. JUDGE smp.