[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1161 OF 2008 Amir Juber Khan ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Sudhir Halli i/b Mr.Subhash P. Hulyalkar Advocate for Applicant Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 17, 2008 DATE : JULY 17, 2008 DATE : JULY 17, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.50 of 2006 of Khed Police Station, Dist.Pune. The said case is under Section 302 of IPC. 3. Eye witness Mohd. Shakir and Mohd.Akram have stated that they got up on hearing shouts. At that time, they saw the present applicant who was holding knife in his hand and co-accused Mohd. Akram was holding pipe in his hand. There was one [-2-] other accused person with them. On seeing them, the eye witnesses started shouting, whereupon the three persons dropped weapons in their hands and ran away. The witnesses saw that Vikrant had sustained injuries. The statements of both the witnesses have been recorded on the very same day of the incident. Both the eye witnesses clearly implicate the present applicant. The post mortem notes show the incised wounds on the body. Hence, the case of the applicant is not the same as that of the co-accused. Looking to the material on record, I do not think that this is a fit case to grant bail to the applicant. 4. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]