1 ba695.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.695 OF 2011 (FIROZ KHAN IMMAM KHAN//VS// STATE OF MAH. THR. PSO SITABULDI, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.B.Wahane, Advocate for Applicant. Mr. S.S.Doifode, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATED : DECEMBER 15, 2011. Heard both sides. This is an application for releasing the applicant/ accused on bail against whom offence bearing Crime No.155 of 2011 is registered with Police Station, Sitabuldi, Nagpur for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, Sections 4 read with 25 of the Arms Act and Section 135 of the Bombay Police Act. On 05.05.2011 in the night one Rocky Romeld Anthony, aged about 27 years, was done to death at the Railway Station, Nagpur. On the next morning information of death of the deceased was received by his father Romeld Anthony and in turn he lodged first information report. On that basis offence came to be registered. During investigation police recorded statements of witnesses. Babita Raut, Sunita Kale and Shahid Mohammad Yakub are the three witnesses who stated that they had seen the deceased Rocky being assaulted by Daruwala Firoz i.e. present applicant, Monu Khaparde, Akash Tagde and Manish Dupare. According to them, Daruwala Firoz-present applicant was holding wooden rod. During post mortem examination following eight injuries were noticed on the person of the deceased : 2 ba695.11.odt 1. Crush injury on right side of the face. 2. Lacerated bone deep wound on right chin. 3. Crush injury on right side of forehead. 4. Lacerated bone deep wound above right eyebrow. 5. Lacerated wound bone deep on right mastoid. 6. lacerated wound on right temporal region above ear. 7. Stab skin deep wound on left side of chest 8. Two punctured wounds on right mammary region. On internal examination there was extensive damage to the head since the brain matter showed multiple lacerations and separation from the base. There was fracture of skull bone into pieces. The learned counsel for the applicant-accused contended that ultimate cause of death is reported in the post mortem notes being crush injuries to head, same cannot be attributed to the applicant since, according to the eyewitnesses he was holding wooden rod. This submission has no force for the reason that with the aid of Section 34 four accused persons, including the applicant, have been charged. The witnesses clearly pointed out involvement of all of them in committing the murder of Rocky. Apart from this, the learned Additional Public Prosecutor in his reply stated that the applicant is a history- sheeter and twelve crimes have been registered against him. Considering the gravity and nature of the offence, it is not desirable to release the applicant on bail. The learned Additional Sessions Judge was right in rejecting his bail application. The application is rejected. JUDGE RR..