1 APPA 278/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 278 OF 2011 IN APPEAL NO.1197 OF 2007 Sachin Budhaji Shirke : Applicant. versus The State of Maharashtra : Respondent. Mr. M M Najmi appointed advocate for the Applicant. Mr. P S Hingorani, APP for the State. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : O7TH JULY 2011 P.C. 1 Heard the learned counsel for the Applicant and the learned APP for the State. 2 By this application, the applicant prays for bail, pending hearing and final disposal of Criminal Appeal No.1197 of 2007. The learned counsel for the applicant submits that it is a case of mis-taken identity. The so called eye witnesses i.e. PW Nos.2 and 3 are not reliable. They have not seen incident in question and therefore their evidence is doubtful. In respect of recovery of knife made from the applicant, the learned counsel submitted, that it has no blood stains. The learned counsel submits that recovery of wallet is not an incriminating circumstance. The prosecution has not recovered any blood stained clothes from the applicant. There is infirmity in the prosecution case, therefore, the learned counsel for the applicant prays for bail. 2 APPA 278/11 3 The learned APP appearing for the State opposed the bail application. 4 Record and proceedings was called for . We have perused the same for the purpose of consideration of the present bail application. We have also perused the deposition of PW Nos.2, 3 and 4. Post mortem report shows that deceased died due to multiple stab injuries. Prima facie we find that evidence of PW No.4 is corroborating the circumstances which are incriminating against the applicant. Prima facie we are of the opinion that a strong case is made out against the applicant. The application is rejected. Secretary, Legal Aid Service Authority is directed to disburse part payment of fees to the learned counsel appointed. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)