abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 697 OF 2008 Narayan Shivram Wadkar & Anr. .. Applicant V/s The State of Maharashtra .. Respondent Mr.Nishigandh Patil for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 14TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No.35/2007 registered with M.I.D.C. Mahad Police Station for the alleged offence punishable under sections 302, 324, 201 read with 34 of the Indian Penal Code. 3. The prosecution case in short is that Subhash Dhondu Jagtap (hereinafter referred to as "the deceased") was returning home on a motorcycle along with - 2 - Ankush Vithoba Pawar at about 9.00 p.m. on 5th August 2007. While they were in a ghat, two persons stopped the motorcycle and assaulted Subhash. He died in the incident. Ankush Pawar was injured but he managed to escape and lodged the FIR. After investigation, the applicant was arrested. Identification parade was held and the applicants have been identified as the assailants by Ankush Pawar in the identification parade. Thus, there is prima facie material connecting the applicants to the crime. 4. Learned counsel for the applicants submitted that Ankush Pawar, who is an eye witness, is not at all believable and there is a variance in the FIR lodged by him and his subsequent statement. That is a matter of appreciation of evidence at the stage of trial. At this stage, it can only be said that there is an eye witness who has identified the applicants. 5. The offence is a serious one punishable with death or imprisonment for life. 6. Considering the gravity of offence and the prima facie material available against the applicants connecting them to the crime, the applicants are not entitled to bail. - 3 - 7. Previously the applicants had applied for bail to the Sessions Court. By an order dated 10th January 2008, the learned Additional Sessions Judge, Raigad has rejected the application for bail, inter alia, holding that prima facie complicity of the accused is established in the crime. I see no reason to take a different view than the one taken by the learned Sessions Judge. The application for bail is rejected. (D.G. KARNIK, J.)