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 CRI.APPLICATION NO.3898 OF 2008 CRI.APPLICATION NO.3898 OF 2008 CRI.APPLICATION NO.3898 OF 2008 Vivek @ Viki Janak Paneri, .. Applicant. Vs The State of Maharashtra, Respondent. Mr A.P.Mundargi, senior counsel with Mr S.Mehta, for the applicant. Ms A.T.Jhaveri, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 15/12/2008 DATE : 15/12/2008 DATE : 15/12/2008 PC: PC: PC: 1. Heard Mr Mundargi, learned senior counsel for the applicant and Mrs Jhaveri, learned APP, for the State. 2. The applicant is seeking bail in C.R.No. 189 of 2008 of Malad police station. The said crime has been registered against the applicant and three others for having allegedly committed an offence punishable under section 302 read with 34 of IPC. 3. According to the prosecution, the applicant and the co-accused assaulted the deceased on 26.3.2008 at 10.20 am with iron pipe on has head and committed his murder. The deceased died on 2.6.2008. After the alleged incident he was in coma. I have perused the statement of the complainant Shailendra Dubey. He has attributed specific overt act to the applicant. The applicant assaulted the deceased on his head with the pipe in his hand. There are two other eye-witnesses. They also support the statement of the complainant. Even the medical evidence supports the statement of all the eye-witnesses. Moreover, three other cases of assault are pending against the applicant. In my opinion, this is not a fit case to enlarge the applicant on bail. Hence, the application is rejected. . 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 without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)