[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2217 OF 2008 IN SESSIONS CASE NO.849 OF 2007 Joseph Anthony Nadar ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.R.T.Jagasia Advocate for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 21, 2008 DATE : JULY 21, 2008 DATE : JULY 21, 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.178 of 2007 of Dharavi Police Station, Mumbai. The said case is mainly under Section 302 of IPC. 3. It is the prosecution case that the applicant and co-accused have murdered one Sankappa. The statement of witness Gangaram shows that on 22.2.2007 the applicant along with other co-accused were drinking liquor in the house of Sankappa at [-2-] 22.15 p.m. At about 00.30 hours, co-accused Shegar called on the mobile phone of the applicant and enquired what was happening. At that time, applicant informed Shegar that Sankappa was heavily drunk. At about 1.10 a.m. witness Gangaram came outside to smoke cigarette. At about 1.30 p.m. the present applicant called out to him and told him that Sankappa had called him (Gangaram). Hence, Gangaram went to the room of Sankappa. When Gangaram reached near the house of Sankappa, present applicant told Shegar and Gopal "Look, I have got Gangaram, take him also". At that time, Shegar and Gopal came with blood stained weapons from the house of Sankappa. Seeing this, Gangaram started running away. At that time, Shegar shouted and said that "Gangaram stop, we have murdered Sankappa now it is your turn". At that time, present applicant tried to catch hold of Gangaram, however, Gangaram managed to run away. 4. The learned advocate for the applicant submitted that there is no recovery at the instance of the applicant and no witness has stated that he has assaulted Sankappa. However, looking to the statement of Gangaram, it is clear that the [-3-] applicant is also involved in the murder of Sankappa. Sixteen injuries were found on the body of Sankappa. All injuries were caused by sharp weapons. Looking to these facts, I do not think that this is a fit case to grant bail. 5. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]