-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE JURISDICTION APPLICATION NO.173 OF 2008 (IN APPEAL NO.1153 OF 2007) Mustakim Ahmed Acchanali Mansoori ..Applicant Vs. State of Maharashtra & Anr. ..Respondents .... Mr.H.L.Tolani with P.U.Patel Advocate for Applicant Mr.H.J.Dedhia APP for Respondent-State .... CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : MARCH 14, 2008 DATE : MARCH 14, 2008 DATE : MARCH 14, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned APP for the State. 2. The applicant has been convicted under Section 302 of IPC. The applicant is seeking bail. The learned advocate for the applicant has submitted that there is no direct evidence against the applicant and there is only circumstantial evidence. He has further submitted that circumstances are not such as to link the applicant with the crime. Hence, the applicant may be released on bail. 3. The prosecution case is that the applicant assaulted deceased Riswan with knife. The applicant -2- caused 7 injuries to the deceased. The cause of death was multiple stab wounds with internal injuries with haemorrhage. On perusal of the material, we find that there is oral dying declaration on record made by the deceased to P.W.1 Kalim Idrisi wherein he has stated that the deceased told him that the applicant has assaulted him. Moreover, immediately after the incident, the applicant was caught with the knife in his hand by P.W.5 Police Constable Khade. At the time of arrest, the clothes on the person of the applicant were found having blood stains. The blood group of the applicant is "AB" and blood group of the deceased was "O". The blood stains on the clothes of the applicant had blood stains of "O" group i.e. group of the deceased. So also, the C.A. report shows that the knife had blood stains of "O" group i.e. the blood group of the deceased. We find that there is sufficient material which connects the applicant with the crime. Hence, we do not think that this is a fit case to grant bail. 4. Application is rejected. -3- [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.] [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.] [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]