jpc ba144-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.144 OF 2011 Sitaram Sampate Kate ... Applicant Versus The State of Maharashtra ... Respondent Mr. Jaydeep D. Mane, for the applicant Mrs. R. V. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 29th June, 2011. P.C. : 1. Heard Mr. Jaydeep Mane, the learned Advocate for the applicant and Mrs. Newton, the learned APP for the State. 2. I have gone through the First Information Report and glanced through the charge sheet, copy of which have been annexed to the bail application. 3. From the First Information Record and the statements of the eye witnesses that came to be recorded by the investigating agency, the presence of the applicant on the spot, at the time of assault, cannot be doubted. A role has been attributed to the applicant in the incident, that the applicant and his wife- co-accused- Taramati, are said to have jpc ba144-11.sxw 2 held the deceased when the fatal blow is said to have given to him by the son of the applicant and co-accused Taramati- Deepak alias Anna. The contention advanced by Mr. Mane that this applicant has not actually given blow to the victim and that therefore, he deserves to be released on bail cannot be accepted. If the statements recorded during the investigation are taken at face value, they clearly indicate that the applicant had actively assisted the said Deepak alias Anna in the incident of assault. The applicant and other accused had gone to the place where the offence took place, together, and had left that place together. 4. Under the circumstances, it cannot be said that a prima faice case does not exist against the applicant. Once this is so, considering the gravity of the offence, I am not inclined to release the applicant on bail. 5. The Bail Application is rejected. (A.M. THIPSAY, J.)