1 Cri-A-5328-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5328 OF 2010 Navab Rehmatullah Shaikh ... Applicant Vs. The State of Maharashtra ... Respondent Mr.S.R.Pasbola i/b. Shri Rahul Ardote & Amit Munde,Advocates, for the applicant. Ms. P.P. Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 3rd February, 2011. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers filed along with the charge sheet. 2. The applicant seeks to be released on bail in Crime No.97/2009 registered at Rabodi Police station for the offences under Sections 143, 147, 148,302 read with Section 149 of IPC. According to prosecution, one Babu Kaliya and his companions brutally murdered Salim Shaikh with swords, sickles, knives and other sharp weapons. FIR was lodged by Mumtaz wife of deceased Salim Shaikh almost immediately after the incident. In the FIR, name of the present applicant is specifically mentioned as one of the persons who had 2 Cri-A-5328-10.sxw assaulted with a sharp weapon. Eye-witness Rais Osman Shaikh has specifically stated that Navab was assaulting on the chest of his father-in-law Salim Shaikh with a gupti. Another witness Salma has stated that 10-12 persons were assaulting Salim Shaikh. She could identify three of them namely, Babu Kaliya, Jaffer and Navab. According to her, all these three persons were assaulting with sharp weapons like swords, knives, etc. The post-mortem report reveals that the deceased was brutally murdered and there were 21 injuries most of which were either incised or stab wounds. There were also fractures of the right parietal bone and occipital right side. 3. The learned Counsel for the applicant contends that the police have seized one iron rod as weapon of offence from the present applicant. Merely because the present applicant produced iron rod as weapon of offence, the statements of three eye-witnesses recorded by the police cannot be discarded at this stage. Taking into consideration, the serious offence of murder, I find that it is not a fit case to grant bail. 4. Therefore, the bail application stands rejected. (J.H.BHATIA,J.)