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 CRI.APPLICATION NO.4204 OF 2008 CRI.APPLICATION NO.4204 OF 2008 CRI.APPLICATION NO.4204 OF 2008 Rohan Gajanan Patil, .. Applicant Vs The State of Maharashtra, Respondent. Mr Ganesh Gole, for the applicant. Ms A.T.Jhaveri, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 03/12/2008 DATE : 03/12/2008 DATE : 03/12/2008 PC: PC: PC: 1. Heard Mr.Gole, learned counsel for the applicant and Ms.Jhaveri, learned APP, for the State. 2. The applicant has prayed for bail in C.R.No.I-98/08 of Virar Police Station, Dist-Thane. The said crime has been registered against the applicant and three others for having allegedly committed an offence punishable under sections 302 read with 34 of IPC. 3. I have perused the entire material placed on record and more particularly the statements of the complainant Deepa Gawand, Anusaya Gharat and Vasant Gharat. Deepa Gawand is a mother of the deceased, whereas Anusaya Gharat and Vasant Gharat are their neighbours. It is clear from their statements that the deceased before he succumbed to his injuries had told them that the preset applicant Rohan assaulted him. He was thereafter taken to the hospital, however, he was declared dead before his admission. Prima facie,I do not find any reason to disbelieve the three witnesses to whom the deceased made oral dying declaration, naming the applicant as the person who assaulted him. In the circumstances, the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)