1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3596 OF 2008 Basha Mahiboob Bagwan .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.Amin Solkar for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH NOVEMBER, 2008. DATED : 17TH NOVEMBER, 2008. DATED : 17TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.268 of 2007 of Sadar Bazar police station, Solapur. The said crime has been registered against the applicant and seven others for having allegedly committed an offence punishable under sections 143, 144, 148, 147, 302 of IPC and section 135 of the Bombay Police Act. It is the case of prosecution that on 21.11.2007 at about 8.30 p.m. the applicant and seven others committed a murder of Jabbar Abdul Kada Shaikh, the Municipal Corporator, by means of guptis and swords which they were armed with at the relevant time. The alleged incident was witnessed by several persons. Abdul Gafar Ismail Naikwadi is one of the eye witnesses of 2 2 2 the incident. He is a rickshaw driver. He has specifically named the applicant and stated that he was one of the assailants, who assaulted the deceased with gupti. Though the other eye witnesses have not named the present applicant, they have specifically named 4-5 accused and have stated that the named accused and 3-4 others assaulted the deceased. The deceased died of 19-20 stab and incised injuries caused all over his body. Having regard to the statements of the eye witnesses, in my opinion, this is not a fit case to enlarge the applicant on bail. Hence the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)