1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2935 OF 2009 Ashok Kumar Satrairam Jaiswal .. Applicant Vs State of Maharashtra .. Respondent Mr. S.K.Chaurasia & K.S.Rathore, Advocate for the Applicant. Mrs.P.P.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 17/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C. R. No.I-283 of 2008 of Amernath Police Station. The said crime has been registered against the applicant and 4 others for having allegedly committed an offence punishable under section 302 read with 34 of IPC. 3. I have perused the statement of the complainant – Sharu Jafar Shaikh and the eye-witness – Abdul Salim Abdul Azij. Both these witnesses have stated in detail as to how the incident occurred and how the present applicant actively participated in committing the murder of the deceased. The deceased was stoned to death. T 2 The post mortem report shows that his face was completely smashed. He sustained five fractures. The manner in which the deceased was killed and considering the nature of allegations against the applicant, in my opinion, this is not a fit case to enlarge the applicant on bail. 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. (D. B. Bhosale, J.)