1 Cri-A-5638-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5638 OF 2010 Ajay Suresh Jadhav ... Applicant Vs. The State of Maharashtra ... Respondent Mr.Kuldeep S. Patil,Advocate, for the applicant. Smt. R.V.Newton,APP, for the respondent. CORAM: J.H.BHATIA,J. DATE : 5th January, 2011. P.C. 1. The applicant, who was arrested in Crime No.99/2008 by Kondhava Police Station, Pune for the offence under Section 302 read with Section 34 of IPC, has filed this application for bail. 2. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers. 3. Prosecution case, in brief, is that on 7.6.2008 at about 1.30 p.m. deceased Javed Abdul Majid Shaikh along with his friends went to the house of his friend Babu Shaikh for taking tea. When the other friends were sitting in the 2 Cri-A-5638-10.sxw house, Javed came out for spitting. At that time, because of the old enmity, five persons, namely, Pravin, Chotu, a brother of Sandy and two other unknown persons attacked said Javed with sharp cutting weapons. After he fell down near the door of the office of the Advocate Thopte, the assailants dropped the stones on his head due to which he died. Babu Ibrahim Shaikh informed the first informant Mazhar Khan, who is brother-in-law of the deceased. Mazhar Khan immediately went to the spot and saw the dead body of Javed in a pool of blood with several injuries on the body. He immediately went to the Police Station and lodged report and the offence was registered. 4. Police papers reveal that there are at least three eye-witnesses, who had stated that the deceased was attacked by five persons, including Pravin, Chotu and brother of Sandy. Name of the present applicant is Ajay, but he is also known as Chotya. He was arrested on 12.6.2008 and a koyta or a sickle stained with blood was found with him. The clothes stained with blood were also recovered from his person. Post-mortem report reveals that death was due to traumatic and hemorrhagic shock due to chop injuries over head. List of the injuries reveal that he had suffered as many as 38 injuries, some of which were abrasions while remaining were caused with chopper or the incised wounds. It shows that the deceased was brutally murdered. Taking into consideration these 3 Cri-A-5638-10.sxw circumstances and the material noted above. Prima facie case is made out to show that the present applicant was one of the assailants. Possibility cannot be ruled that if he is granted bail, he may either abscond or tamper with prosecution evidence. 5. Therefore, the application stands dismissed. (J.H.BHATIA,J.)