1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5458 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Ram Pandey for the applicant. Mr. Y.S. Shinde, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 20TH JANUARY 2010 P.C. : 1. Heard the learned counsel for the applicant. 2. By this application, the applicant seeks bail in connection with C.R. No. I-133/2009 registered at Mira Road Police Station, Mumbai for an offence punishable under sections 307, 423, 143, 147, 148 and 149 of the I.P.C. 2 3. The prosecution case in short is that on account of a quarrel, the applicant, who is a step brother of the victim, assaulted him with a knife. The applicant has been charged with an offence punishable under section 307 and other sections of the I.P.C. 4. Learned counsel for the applicant submitted that there was no intention to kill and the assault was made only on account of a sudden provocation without any intention to kill. 5. I have perused the medical certificate which shows multiple stab injuries. There was stab injury in the abdomen as well as stab injury in the chest. This prima facie shows that multiple blows were inflicted and that prima facie shows the intention to kill. The applicant and the victim are step brothers and the possibility of the applicant repeating the assault cannot be ruled out. In the circumstances, in 3 my view, this is not a fit case for grant of bail. 6. The learned Sessions Judge has rejected the application for bail. I see no reason to take a different view than the view taken by the learned Sessions Judge. Hence the application is rejected. (D.G. KARNIK, J.)