- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.4161 OF 2005 APPLICATION NO.4161 OF 2005 APPLICATION NO.4161 OF 2005 Sahebrao Baburao Shinde ...Applicant vs. State of Maharashtra ...Respondent Mr.Farooque Momin i/b Noor Memon for the Applicant Mr.K.V.Saste,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 10,2005 : AUGUST 10,2005 : AUGUST 10,2005 P.C.: P.C.: P.C.: 1. The Applicant and other co-accused have allegedly committed offence under Sections 302, 201 read with Section 34 of I.P.C. 2. The learned Advocate for the Applicant submitted that all other co-accused have been enlarged on bail. He submitted that the incident was not premeditated and no motive can be attributed against the Applicant. He submitted that it is alleged by the prosecution that only one blow of the stick is given by the Applicant on the head of the deceased. He therefore submitted that the Applicant is entitled to be enlarged on bail. The learned A.P.P. pointed out the material available against the Applicant. 3. There are at least 4 witnesses who have stated that the Applicant assaulted the deceased on his head by a wooden log.. The P.M.Notes show corresponding injury over the occipetal - 2 - region of scalp which is allegedly caused by hard and blunt object. The cause of death as mentioned in the P.M.Notes is due to cardio-respiratory failure due to sub-dural haematoma - injury to brain due to injury over skull (Traumatic). 4. There is enough material on record at this stage to show complicity of the Applicant. I find no reason to differ from the view taken by the learned Sessions Judge. Hence, the Application is rejected. JUDGE JUDGE JUDGE