1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4484 OF 2009 Shri Raghvendra @ Narendra Hanumanta Naikvi @ Vira ...Applicant vs. The State of Maharashtra ...Respondent Mr.M.S. Mohite i/b. Mr.Ranvir S. Shekhawat for the Applicant. Mr.S.A. Shaikh, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 4, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Section 302 read with 34 of the IPC vide C. 2 R.No.272 of 2008 registered with Dehuroad Police Station, Pune. 3 It is alleged by the prosecution that the applicant along with other accused assaulted the deceased. The other co-accused fired two shots from his revolver and it is alleged that the present applicant assaulted the deceased with sword. There are number of eye witnesses to the said incident. The Post Mortem notes also indicate that there two grievous injuries on the person of the deceased and four incised wounds. 4 Counsel for the applicant submitted that there is discrepancy between the statements of eye witnesses. It is submitted that the eye witness has improved his statement and has added the name of two other persons in his supplementary statement. There is discrepancy regarding recovery of clothes. He submitted that, therefore, the said statements are not reliable and the applicant was entitled to be 3 released on bail. 5 Looking at the gravity and seriousness of the offence and the material which is on record against the present applicant, in my view, this is not a fit case for grant of bail. It is possible that there may be some discrepancy in the statement of eye witnesses but at this stage, the Court is not supposed to weigh and sift the material on record. The Court has to consider whether prima facie, there is sufficient material on record against the accused showing his involvement in the commission of the offence. There is possibility of the applicant s tampering with the evidence and also his availabilty at the trial. Looking at the nature of the incident where the deceased was allegedly shot in cold- blooded manner with the fire arm and also assaulted with the swords by others, the intention of the assailants appears to be clear. The applicants, therefore, if released on bail is likely to threaten the prosecution witnesses. Taking into consideration 4 these circumstances, therefore, this is not a fit case for grant of bail. 6 The application is rejected. (V.M. KANADE, J.)