1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5069 OF 2009 Aquino Avis Martis ...Applicant vs. The State of Maharashtra ...Respondent Mr.I.S. Agarwal for the Applicant. Mr.S.A. Shaikh, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 19, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Section 302 read with Section 309 of the IPC. 3 According to the prosecution, the applicant had a love affair with the deceased Paloma Fernandis 2 and thereafter, there was some dispute between the two and on the date of the incident, the applicant assaulted the deceased with a knife which was seen by the two watchmen of the society and by two other eye witnesses. The applicant also tried to commit suicide, however, he survived. The two dying declarations of the deceased have been recorded in which she has corroborated the statements of the eye witnesses. This being the position, in my view, this is not a fit case for grant of bail. 4 The application for bail is rejected. The trial, however, is expedited. 5 Criminal Application No.553/2009 filed for intervention does not survive and is disposed of. (V.M. KANADE, J.)