IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.1704 OF 2008 CRIMINAL APPLICATION No.1704 OF 2008 CRIMINAL APPLICATION No.1704 OF 2008 Vishal Mahadev Pakhare etc. ..Applicants. Vs. The State of Maharashtra ..Respondent. Mr K. S. Patil, Advocate for the Applicants. Ms M. H. Mhatre, A.P.P. for the respondent. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 9.6.2008. DATED: 9.6.2008. DATED: 9.6.2008. P P P.C. C. C. 1. Heard learned counsel for the applicants and the learned APP for the State. 2. Perused the application and material available on record. 3. The applicants have filed present application under Section 439 of the Code of Criminal Procedure, 1973 for bail, after having suffered adverse order dated 28.04.2008 refusing to grant such relief by the Additional Sessions Judge, Pune, in connection with C.R. No. 259 of 2007 for the offence punishable under Sections 302, 323 read with Section 34 of the Indian Penal Code registered with Bhosari Police Station,Pune. 4. The observations made by the learned Additional Sessions Judge, Pune, while rejecting application are as under:- "Considering the submission thoughtfully and perused the papers in the charge sheet. The statement of complainant and other eye witnesses prima facie show that the accused Nos. 1 and 2 alleged to have assaulted by stumpy wood to the victim Vishal Kamble while minor accused Pappu threw a stone on person of said victim. The medical certificate show the death of Vishal Vilas Kamble due to multiple injuries due to assault. The stumpy wood and uneven stone alleged to have recovered under panchnama on the basis of memorandum statement of Vishal Mahadev Pakhare. Thus it crystalline the involvement of both the accused in the alleged offence. The offence is serious in nature and is punishable with death or imprisonment for life. So it is not a fit case to enlarge the accused on bail." 5. I was taken through the police papers which reveal that there were almost eighteen injuries inflicted on the person of the deceased. The reasons given by the Additional Sessions Court while rejecting prayer for bail cannot be faulted with. 6. Having seen the prima facie material available on record to connect the present applicants with the alleged offence and the reasons recorded by the Additional Sessions Judge, Pune in its order dated 28.4.2008 passed below Exh.1 in Session Case No. 162 of 2008 which still hold good, this is not a fit case to enlarge the applicants on bail. 7. In the result, the present application stands rejected. However, observations made in this order are prima facie, they shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)