... 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.6379 OF 2005 CRIMINAL APPLICATION NO.6379 OF 2005 CRIMINAL APPLICATION NO.6379 OF 2005 Shri Anwar Iqbal Shaikh ...Applicant Vs. The State of Maharashtra ...Respondent Shri K.H. Aesankar for the Applicant. Shri K.V. Saste, A.P.P. for the Respondent. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATE : OCTOBER 17, 2005. DATE : OCTOBER 17, 2005. DATE : OCTOBER 17, 2005. P.C.: P.C.: P.C.: 1. Heard the Advocate appearing for the Applicant and the learned A.P.P. for the State. The Advocate appearing for the Applicant submitted that though name of the Applicant is referred to in the F.I.R. and in the statements of the witnesses, no specific role has been ascribed to the Applicant and the allegation regarding assault on the deceased by using sword and chopper is against co-accused. The Advocate for the Applicant submitted that the reliance placed on the report of the Chemical Analyser will not help the prosecution as the recovery of the clothes at the instance of the Applicant is doubtful. The learned A.P.P. relying upon the report of the Chemical Analyser stated that the blood found on the clothes on the person of the Applicant is of the blood group of the deceased. He submitted that no case is made out for enlarging the Applicant on bail. ... 2 ... 2. I have considered the submissions. The statements of the witnesses show that the Applicant alongwith co-accused came in auto-rickshaw which gave dash to the motorcycle driven by the deceased. When the deceased fell down, the accused alongwith the Applicant came out of the auto rickshaw. Two co-accused were carrying sword and the third one was was carrying a chopper. All of them caught hold of the deceased and co-accused by the weapons in their hand assaulted the deceased. The incident had allegedly taken place in the afternoon at 12.15 in broad day light. There is a consistent version of the other witnesses. 3. There is prima facie evidence in the form of the report of the Chemical Analyser which discloses that the blood found on the clothes on the person of the Applicant was having the blood group of the deceased. It appears that the participation of the Applicant is very clear at this stage. Looking to the brutal nature of the offence, no case is made out for enlarging the Applicant on bail. In so far as correctness of the Chemical Analyser’s report is concerned, it is the matter for trial. 4. Hence, the Application is rejected. The trial ... 3 ... is expedited. JUDGE JUDGE JUDGE