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 CRIMINAL APPLICATION NO. 204 OF 2009 CRIMINAL APPLICATION NO. 204 OF 2009 CRIMINAL APPLICATION NO. 204 OF 2009 Asif Naseerkhan Pathan & Anr. ...Applicants vs. The State of Maharashtra ...Respondent Mr.Kedar J. Patil for the Applicants. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 5, 2009 DATED : FEBRUARY 5, 2009 DATED : FEBRUARY 5, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants were arrested in connection with an offence punishable under Section 302 of the IPC read with other related offences of the IPC. There are eye witnesses who have stated that the applicants had thrown heavy stone on the face of the deceased. 3. Counsel for the applicants submits that though there are 5 to 6 witnesses, there is inconsistency between the statement of the complainant and the other eye witnesses regarding the person who assaulted the - 2 - deceased with the stone. 4. This submission cannot be accepted. The complainant has clearly stated in his evidence that these two persons had assaulted at two different time the deceased with the heavy stone. The post mortem notes indicate that the cause of death was due to multiple injuries on the head and a crush injury to the brain. The statement of the complainant is, therefore, corroborated by the cause of death mentioned in the post mortem notes. No case is, therefore, made out for grant of bail. 5. The application for bail is rejected. 7 (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)