1 1 1 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.4220 OF 2008 Sunil G.Jadhav .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Kuldeep Patil for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 5TH DECEMBER, 2008. DATED : 5TH DECEMBER, 2008. DATED : 5TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.28 of 2008 of Haveli police station, Pune. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 302 r/w 34 of IPC and sections 4 and 25 of the Arms Act. 3. It is the prosecution case that on 16.1.2008 at 8.15 pm all the accused assaulted the deceased - Vijay Suryawanshi with sharp edged weapons in their hands and committed his murder. I have perused the statement of sole eye witness Nitin Darode. He has attributed specific overt act to the applicant. Mr.Patil, learned counsel for the applicant submitted 2 2 2 that Nitin Darode is a got up witness. He submitted that his statement under section 161 of the Code of Criminal Procedure was recorded on 10.2.2008. The delay, according to Mr.Patil, has not been explained by him satisfactorily. I have perused the statement of Nitin Darode. In his statement a reference is made to one Daji Shevare. He was with Nitin Darode and the deceased just before the incident. He had also seen the deceased and the accused quarrelling, though he immediately left and did not witness the alleged incident of assault. The statement of Daji Shevare is consistent with statement of Nitin Darode. His statement was recorded on 19th January, 2008. Apart from this there is a recovery of weapon at the instance of the applicant. In my opinion, at this stage there is sufficient material on record to connect the applicant with the crime. 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.)