1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3296 OF 2010 Shaikh Feroz Shaikh Geelani ..APPLICANT -VERSUS- State of Maharashtra ..RESPONDENT ......... Mr. S.R. Chaukidar, advocate for applicant. Mr. N.H. Borade A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 2nd September, 2010. PER COURT : 1. This is an application for regular bail under Section 439 of the Criminal Procedure Code. 2. Heard the learned counsel and the learned A.P.P. Admittedly, the charge sheet has been filed. 3. The report filed by Shaikh Isaque Shaikh Pasha purports to show that it was filed well promptitude in the same evening. It also appears that there was earlier quarrel between deceased Shaikh Afzal and applicant at the place of brick kiln. The applicant was working as Supervisor (Mukadam) and deceased Shaikh Afzal had sought permission to go early along with 2 informant Shaikh Isaque. The applicant refused the permission and picked up the quarrel, which was intervened by owner of brick kiln by name Ashim Shaikh. It is alleged that at about 7.30 p.m. deceased Shaikh Afzal and informant Shaikh Isaque had gone to Kirana shop run by one Anil Waghmare. While informant Shaikh Isaque and one Balu were standing outside the shop and deceased Shaikh Afzal was little away on road, the applicant suddenly came from his behind and started giving blows of knife on his abdomen. Therefore, Shaikh Afzal immediately raise cry. He failed down and was found in pull of blood. He died while was under treatment in the hospital. 4. Considering the submissions of the learned counsel and the material, including the statements of eye witness Anil Waghmare, recitals of the F.I.R. and other material, it is amply clear that there is direct evidence to implicate the applicant in the alleged offence of a culpable homicide. At this juncture, the statement of the witness and recitals of the F.I.R. can not be discarded. It would be premature to express any opinion about credibility of evidence. Since there was earlier incident of quarrel on the same day and thereafter, the applicant seems to have assaulted the deceased by means of sharp edged weapon i.e. knife. There is material to prima facie infer his intention to do away with the life of the deceased. 3 Hence, I do not find any merits in the application. It is, therefore, dismissed. (V.R.KINGAONKAR) JUDGE gas/cri3296.10