..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2321 OF 2008 Vilas Baliram Sarkate. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.Rahul S. Thakur, Adv. for the applicant. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 30th July, 2008. DATED : 30th July, 2008. DATED : 30th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.I-80 of 2008 of Panvel Town Police Station. The said case is mainly under Section 302 of IPC. 3. There are eye witnesses who implicate the applicant. Eye witness Rajkumar and other witnesses have stated that the cleaner of deceased Ganesh Yadav drank water from the container of the applicant. This enraged the applicant hence he started abusing the said cleaner and assaulting him. At that time Ganesh Yadav intervened. The ..(2).. applicant abused Ganesh Yadav and he threatened Ganesh Yadav that he should keep quiet otherwise he would run poklan over him. At this stage, it may be stated that the applicant used to operate poklan which was used to carry excavated earth. Thereafter the applicant started poklan machine. The bucket of the poklan machine was filled with earth. The applicant pressed the said bucket of the poklan on the chest of Ganesh. Due to this, Ganesh started bleeding from his nose and mouth and he collapsed and died on the spot. The material on record, clearly implicates the applicant. Hence, I do not think that this is a fit case to grant bail. Application for bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)