MP 1 BA1445_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1445 OF 2011 Santosh Shyamnarayan Dubey ... Applicant Versus The State of Maharashtra ... Respondent Mr. Pankaj Kawle, Advocate for the Applicant. Mr. Y.S.Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 24TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.586 of 2010 registered with Mahatma Phule Police Station, Kalyan for the offences punishable under Sections 307, 324, 323, 504 r/w. Section 34 of the Indian Penal Code. 2. As per the prosecution case, on 13.11.2010 at about 4.30 a.m., first informant Jeevan Shirsat and his friends namely Harish and Mukesh had gone to Kalyan Railway Station. At the same time, Atif Shaikh and Shahrukh were also there. When these persons were proceeding towards the platform, three other persons including the present applicant were also walking. At that time, one of those three persons got a push from Mukesh and due to that, he got angry and began to abuse and assault Mukesh. One of those three persons was armed with knife and stabbed on the chest of Mukesh. When Jeevan tried to intervene, another person out of those three persons stabbed him with a knife, and the person who had stabbed Mukesh was caught by Atif, Harish and Manish. The present applicant is the same person who was caught by them and was handed over to the police. His other two companions had escaped. Their descriptions are given in the F.I.R. as well as in the statement of MP 2 BA1445_11 witnesses. The medical report reveals that Jeevan had suffered two injuries while Mukesh had suffered two stab wounds. One of the stab wounds suffered by Jeevan was just below the nipple in the midclavicular line left side. 3. The learned Counsel for the applicant contends that the applicant is in jail for last about one year. The incident had occurred without any premeditation and abruptly, and therefore, bail may be granted. However, the circumstances in which the incident occurred show that for a minor dash, the applicant stabbed Mukesh with knife on the chest which could cause death of the person. There is nothing on record to show that there was physical scuffle and the accused person had also suffered certain injuries. The manner in which the present applicant had stabbed on the chest of Mukesh with the knife in the petty quarrel shows the dangerous tendencies. In my opinion, if the bail is granted to him, the life of the witnesses may be endangered. Therefore, it is not in the interests of justice to grant bail to the present applicant. 4. Therefore, the application stands rejected. (J. H. BHATIA, J)