1 Cri.A.4936.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4936 OF 2011 1. Yahilkhan Kayumkhan Pathan and another. ...APPLICANTS. VERSUS The State of Maharashtra ...RESPONDENT. ... Shri.A.L.Kanade, Advocate for Applicants Shri.D.R.Kale, A.P.P. for Respondent-State. ... CORAM : R.Y.GANOO, J. DATE : 12.12.2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicants are arrested, in Crime No. I-39 of 2011, registered with Waluj Police Station, Ta. Gangapur, District Aurangabad, under sections 302, 307 of the Indian Penal Code and other offences, as set out in the bail application. The incident is of 06.04.2011 and the present applicants along with at least six to seven persons visited the place, where victim Mohsinkhan was present. The 2 Cri.A.4936.11 incident is seen by one Rizwan Pathan, who has filed this FIR. Said Rizwan has alleged that each of the applicant above mentioned has used the weapon like Gupti and gave blows of Gupti to Mohsinkhan. Eye witnesses, namely, Ayashbee and Ejajkhan confirmed the statement of the complainant Rizwan. The weapon like Guptis are recovered at the hands of each of the applicant. Post mortem report indicates serious injuries to lungs and liver and final cause of death is "Haemorrhagic shock due to stab injury to liver and left lung". 3. The contents of statements of witnesses and post mortem report clearly confirm the injuries caused to the victim Mohsinkhan by the present applicants, as set out in the said statements. No doubt, one or two persons have rendered the statements and they do not speak of assault by gupti by these applicants. They, however, make out presence of applicants at the scene of offence. In my view, prima facie case is made out against each 3 Cri.A.4936.11 of the applicant that they have used weapon like Gupti. Injuries suffered by the deceased are in consonance with use of weapon like Gupti. Number of witnesses have spoken against the present applicants. Allegations against the present applicants are serious, so it would not be proper to release the present applicants on bail as of today, though the charge-sheet is filed. Hence, the application deserves to be rejected. Accordingly, the application stands rejected. Sd/- [ R.Y.GANOO, J. ] MTK