1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.2108 OF 2010 Nasir Rahimuddin Shaikh ...Applicant. v. The State ...Respondents. Mr. Suhas T. Gaikwad, APP For the Applicant. Smt. G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 18, 2011. P.C. 1 Heard the learned counsel for the applicant and the learned APP. 2 Applicant was arrested in Crime No.97 of 2009 registered with Rabodi police station under section 302 r/w Section 149 of the I.P.C. Prosecution case in brief is that because of some altercations in the morning of 29.5.2009, one Babu Kalya threatened to finish deceased Salim Shaikh. On the same day at about 8.40 p.m., said Salim Shaikh went to attend Namaj at Jumma Masjid, Rabodi. While he was proceeding towards mosque, he was attacked by Babu Kalya and his 11 companions, who were armed with deadly weapons like swords, sickles, knives, etc. P.M. Report reveals that there were as many as 21 stab and 2 incised wounds on his body. Besides that he had also suffered fractures of the skull bones and had died due to hemorrhagic shock due to multiple injuries. Applicant was identified by three witnesses, during the test identification parade, including Mumtaj wife of Salim Shaikh, who had lodged the report. In the report, name of the applicant is referred as Teda Babu. The learned counsel for the applicant contends that name of the applicant is not shown in the F.I.R. nor he is known as Teda Babu. However, memorandum of test identification parade shows that the present applicant was identified and the witnesses have also referred him as Teda Babu. Taking into consideration the nature of the case and the fact that the applicant is identified by three eye witnesses during the test identification parade, it will not be in the interest of justice to grant bail. If the bail is granted to him, he may either abscond or tamper the evidence. 3 Therefore, application stands rejected. (J.H. BHATIA,J.)