(1) CRI.APP. 3602.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3602 OF 2010 1. Mohammed Zulfikar Abdul Razzak Age : 27 years, Occu.: Business, R/o : Sikarpur, Post Dusgram, At present R/o: Mahim (East), Navjeevan Site, Near K.C. School, Mumbai 2. Akber Ali Abu Ali, Age : 28 years, Occu.: Business, R/o : Pirasan, Post Bigare, At present R/o Beside Railway Station Bus Stop, Bandra (East), Mumbai 3. Sarinabibi Ashraf Ali Mandal, Age : 28 years, Occu.: Household, R/o : Dondihat, Dist.: Uttar Choubis Pargana (West Bengal) .. Applicants VERSUS The State of Maharashtra (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. Joydeep Chatterji, Advocate for the Applicants Mr. V.G. Shelke, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 13TH SEPTEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants seek bail under section 439 of the Code of Criminal Procedure. (2) CRI.APP. 3602.2010 2. The applicants were residing in a hutment area at Mahim (East) by the side of bay. According to the prosecution, the applicant no.1 and the applicant no.3 were having illicit relationship. Husband of the applicant no.3, namely, Ashraf Ali had objected their relationship and had became a thorn in them and therefore they decided to eliminate him. They hatched up a conspiracy to do away with him. On 15.3.2010, Ashraf Ali boarded in a train at Kurla alongwith some relatives. He had no premonition that it was his last journey in the life. He was stabbed to death somewhere in the late night, during the course of train journey in between Bhusawal and Akola. He was found in pool of blood when a woman relative woke up and found the ghastly scene. He was taken to hospital at Akola but it was in vein because he had already breathed his last. A report was lodged to the Police. The investigation reveal that the applicants no. 1 and 2 had entered the same train. A witness by name Mohammed Nihal narrated to the Police that the applicant no.1 told him that he (3) CRI.APP. 3602.2010 was going by the same train because Ashraf Ali was on that train. Not only that the applicant no.1 told him that he would do away with life of Ashraf Ali on that day and there were two big knives with him. Out of fear, the witness i.e. Mohammed Nihal did not enter the train whereas the applicants 1 and 2 boarded the train and left. 3. Having heard learned Advocate for the applicants and learned APP and on perusal of the investigation papers, it is manifest that Ahsraf Ali was done to death by knifing him during the late hours while he was in transit during the train journey. The relatives of Ashraf Ali noticed the fatal injuries on his person and found that he was in pool of blood. It is pertinent to notice that witness Mohammed Nihal has no prima facie reason to speak about complicity of the applicant no.1. For, the witness appears to be related to the applicant no.1 and referred him as the maternal uncle (Mamu). The reaction of the witness also seems to be natural because when he noticed that the applicant no.1 was carrying two knives and that he declared the (4) CRI.APP. 3602.2010 intention to do away with life of Ashraf Ali, the witness was scared and did not board the train. 4. The learned Advocate for the applicants contented that there is no iota of evidence against the applicant no.2 and the applicant no.3 was not on the train and as such they should be granted liberty. He would submit that there is no material evidence against either of the said applicants and hence their detention is not necessary for the purpose of fair trial. 5. I find it difficult to countenance the argument. It is important to notice that deceased Ashraf Ali was approximately aged about 35 years. As per the observation made in the P.M. notes there were two stab injuries found on his person. Both of them were severe injuries. It appears prima facie that deceased Ashraf Ali was well nourished and a man of good health. Needless to say ordinarily a single culprit could not have overpowered deceased Ashraf Ali, particularly during the transit and while the (5) CRI.APP. 3602.2010 train was in motion. The statement of above referred witness goes to show that the applicants no.1 and 2 both entered the train simultaneously and when the big knives were shown by the applicant no.1 and the intention was made clear, the applicant no.2 willingly had accompanied the applicant no.1 while boarding the train. The Police also came across certain evidence to show that the applicants 1 and 3 were having extra marital relationship. 6. Considering the attending circumstances, there appears prima facie evidence against the applicants to infer meeting of minds for achieving common object of doing away with life of deceased Ashraf Ali. In view of presence of motive and the statement of the witness, who saw the applicants 1 and 2 boarding in the same train with the intention to do away with life of deceased Ashraf Ali and also the other statements like that of Akram Ali etc., I am of the opinion that if the applicants are released on bail, either of them may jump the bail or may terrorise witnesses or there will be otherwise attempt to sabotage the trial. (6) CRI.APP. 3602.2010 7. In this view of the matter, the Application is dismissed. The observations made hereinabove be not considered by the Sessions Judge while deciding the Sessions case on merits and the same may be decided only on the basis of the material that will be placed on record. The trial of the Sessions case be expedited and be completed within a period of eight (8) months as far as possible. Sd/- [V.R. KINGAONKAR, J.] arp