MP 1 BA1635_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1635 OF 2011 Mr. Shafique @ Shafiahmed Rajiahmed Shaikh ... Applicant Versus The State of Maharashtra ... Respondent Mr. Kuldeep S. Patil i/b. Mr. Satish Mishra, Advocate for the Applicant. Mr. Y.M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 18TH NOVEMBER 2011 P. C. : Heard. 2. The applicant seeks to be released on bail in crime No.618 of 2010 registered at Nalasopara Police Station under Section 302 r/w. Section 34 of the Indian Penal Code. 3. The prosecution case, in brief, is that deceased Ahad Idrisali Shaikh was residing along with his parents, brother and sister in room No.1, Raheem Chawl at Santosh Bhavan Tekdi, Nalasopara. On 29.11.2010, at about 9.00 p.m., after taking meal, he left his house to go to the house of his brother-in- law Akbar Ali who was also residing in Santosh Bhavan Tekdi area. However, he did not come back. Next morning his dead body was found. During the investigation, it was revealed that during the same night at about 1.00 a.m., he was severally beaten by the present applicant and two others namely Rafiq Shaikh and Dhirajkumar on suspension that he had entered into the compound of Santosh Bhavan to commit theft. Though he was pleading repeatedly that he was not a thief, the present applicant and his companions continued to beat him. While other two accused gave feast and kick blows, the present applicant MP 2 BA1635_11 not only beat him with the belt but also dashed his head against wall and caused his death. Post-mortem report reveals that the deceased had suffered several injuries with fractures of scull with Haematoma. The death of the deceased can be attributed to the acts of the present applicant. The learned Counsel for the applicant points out that another accused Dhirajkumar has been granted bail. However, the evidence collected by police show that Dhirajkumar had given only four or five slaps, and naturally, had not caused any serious injury to the deceased. Prima facie, it appears that the applicant brutally beat and caused death of the deceased. If bail is granted, there is every possibility that either the applicant may abscond or may endanger the life of the prosecution witnesses. Therefore, it will not be in the interests of justice to grant him bail. 4. In the result, the application stands rejected. (J. H. BHATIA, J)