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. 4665 OF 2008 CRIMINAL APPLICATION NO. 4665 OF 2008 CRIMINAL APPLICATION NO. 4665 OF 2008 Sajay alias Pintya S/o. Dattatraya Sonawane & Anr. ...Applicants vs. The State of Maharashtra ...Respondent Mr.Abhaykumar Apte for the Applicants. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 17, 2009 DATED : JANUARY 17, 2009 DATED : JANUARY 17, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicants are arrested for the offence punishable under Sections 302, 143, 147, 148, 149, 307, 323, 504, 506 of the IPC, under Section 135 of the Bombay Police Act and under Sections 3 and 25 of the Arms Act. 3. Prosecution case is that the applicant alongwith others came in auto rickshaw and started assaulting the deceased with sword, sickle and other lethal weapons. The witness then ran away and informed the wife of the - 2 - deceased and when they came back, they saw that the deceased was lying in injured condition. He was later on taken into hospital where he died. 4. The learned Counsel for the applicant invited my attention to the statement of the complainant and other witnesses. It is submitted that the witness ran away in opposite direction and therefore, it was not possible for him to see who had assaulted the deceased. It was submitted that no specific role has been assigned to the applicant. 5. This statement cannot be accepted. The witness has stated that while they were running, they saw that the deceased was being assaulted with sword and other lethal weapons. Post Mortem notes indicate that they were nine incised injuries on the person of the deceased. The statement of the witness, therefore, is corroborated by the medical evidence. This is not a fit case for grant of bail. 6. It is submitted that they ran in the direction - 3 - of jail road before the assault was made. This submission also cannot be accepted. In the statement, it is stated that the deceased was running in the direction of Kshatriya Collection Centre and the witness ran in the direction of jail road and while running towards jail road, obviously the witnesses must have seen what is stated in their evidence. Therefore, this submission of the applicant cannot be accepted. This is not a fit case for grant of bail. 7. The application for bail is rejected. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)