1 mpt FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5629 of 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr. Gajendra Jadhav for the applicant. Mr.J.P. Kharge A.P.P. for the State. CORAM : D.G. KARNIK, J DATE : 27th January 2010. P.C. : 1. By this application, the applicant seeks bail in connection with C.R. No.221 of 2009 registered at Dharavi Police Station, Mumbai for an alleged offence punishable under sections 302, 323, 452 read with 34 of the I.P.C. 2 2. The alleged offence is a grave offence punishable with death or imprisonment for life. There are more than one eye witness to the crime. The applicant is alleged to have held the deceased while he was being assaulted. 3. Taking into consideration the gravity of the offence as also the prima facie material available against the applicant in the shape of eye witnesses, it would not be appropriate to grant bail to the applicant. I see no reason to take a different view than the view taken by the Additional Sessions Judge, Mumbai in rejecting the bail. The application is rejected. 4. It is clarified that all observations made above are prima facie and the Sessions Court shall not take them into consideration at the stage of trial. (D.G. KARNIK, J.)