IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2080 OF 2009 Nilesh Damodhar Shinde ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.S.K.Shinde i/by Mr.Satyajuit Dighes, Adv. for the applicant Mrs.M.H.Mhatre, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 22nd July, 2009. PC: The present application is filed by accused No.1-Nilesh Daodhar Shinde under section 439 of Criminal Procedure Code. According to the prosecution the present applicant, the deceased and two other accused had visited hotel Raj Garden. After reaching the said hotel the applicant picked up quarrel with the deceased-Sambhaji Rambhau Shinide and thereafter all the three accused and deceased proceeded towards Nandgaon on a motor cycle. On the way to Nandgaon again the applicant picked up quarrel with the deceased and during the course of quarrel the present applicant fired a bullet from the country made revolver on the neck of the deceased and killed him and thus caused murder of the deceased. By filing the affidavit the present application is opposed. The prosecution case primarily rests on the confession of co-accused by name Ajay Shelke who being juvenile is not being tried along with present applicant and other accused. Perusal of the confessional statement recorded by the Magistrate under section 164 of Cr.P.C. of the Juvenile offender Ajay clearly reveals that it is the present applicant who shot the deceased by bullet by country made revolver. The revolver is recovered from the present applicant. CA report and ballistic report is yet not received. Learned counsel appearing for the applicant submits that as the juvenile offender Ajay is not being tried along with present applicant he cannot be termed as co-accused and thus his confessional statement cannot be read against the present applicant. It is not necessary to examine this issue at this stage. However suffice it to state that prima facie I am of the view that the confessional statement made by juvenile Ajay can be used atleast for the purpose of adjudicating present application. It does prima facie appear to be cold blooded murder. Learned additional public prosecutor submits that if the applicant is released at this stage same would adversely affect the trial as the applicant would be in a position to pressurize the witnesses. Having regard to the totality of facts and circumstances I am of the considered view that this is not a fit case for grant of bail. Hence application stands rejected. The observations made in this order are only for the purpose of deciding the present application and shall not weight with trial court for any other purpose. 22.7.2009.