1 Cri.Appln.No.1536/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1536/2011. ( Shaikh Saleem Shaikh Gafur and Anr. Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. Shashibhushan P Deshmukh, Adv. for Applicant/s; Mr. VH Dighe APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 25 th April, 2011. ... 1) Heard finally. 2) The accused/applicants, in custody in the matter, when charge sheet is already filed for an offence under Section 302 of IPC, seek bail. 3) The learned Counsel submits, there is a very minimal role to the accused/applicants. He read the first statement of Gautam, the deceased, and the supplementary statement to illustrate, later is couched with spices. 4) Having gone through both the statements, the presence of the accused/applicants is illustrative of their role. The accused/applicants, in addition to assault, have controlled the movements of the complainant – Gautam to ensure that he was brutally assaulted by axe by 2 Cri.Appln.No.1536/2011 the prime accused – Shaikh Maheboob Pathan. The post mortem notes establish that the death was due to stab injury at the chest and abdominal region of the deceased. The incident having taken place in the evening could not have been witnessed though it was so expected. In both the dying declarations, the accused/applicants are involved and implicated. The application lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE bdv/