IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1450 OF 2008 CRIMINAL APPLICATION NO. 1450 OF 2008 CRIMINAL APPLICATION NO. 1450 OF 2008 Rahimat Ali @ Baba Karam Shaha. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Neville D. Deboo for the applicant. Ms.P.P.Shinde, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 6th May 2008. DATED: 6th May 2008. DATED: 6th May 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in connection with C.R.No.153/2007 registered with RCF Police Station, Mumbai for the offences punishable under sections 302, 34 of Indian Penal Code. 3. The applicant has moved this Court after having suffered adverse order at the hands of Additional Sessions Judge, Mumbai dated 8th April, 2008 passed in Bail Application No.123/2008; wherein the learned Sessions Judge has observed as under: "6. The clothes of the applicant/accd. as per the C.A. report dated 19/03/2008 have human blood group of "B" origin and at the same time, the knife at Article No.7 has human blood group of "B" Origin. At this stage of the matter, such C.A. report will have its primary value to show some role or involvement of the accused. In a matter of this nature, where, the facts revolves around circumstances, the above circumstances prima facie implicate the applicant/accd. with commission of offence. It cannot be said that the should be an eye-witness in every case. However, the circumstances speaks volumes against the applicant/accd. and cannot just be overlooked. There cannot be a strait jacket formula for all class, situation and steps of proceeding. the grant of bail by Brother Judge to the other accused in the facts of present case will not be making case of present applicant/accd. to be on the same pedestal. 7. The applicant/accd. as stated earlier, has no permanent abode in this city and as per the statement of witnesses, he hails from Jahadipur, Post Gausaipur, Taluka Bilgram District Hardoi, Uttar Pradesh. If the applicant/accd. in the situation is allowed to enjoy bail, he will definitely drag the matter. Completion of investigation or the filing of charge sheet by itself will not be a criteria to claim bail as of right. The terror created by the incident at the instance of the applicant/accd.., fresh in the mind of the persons in the locality, will be sending a cold nerve for the witnesses if the accused is released on the bail. Hence, I do not find any merit in the application, but trial is expedited...." 4. Having seen the reasons given by the learned Sessions Judge for rejection of bail to the present applicant in the light of material on record, no case is made out to take contrary view than the view taken by the leaned Sessions Judge in his order dated 8th April, 2008. 5. The application is, therefore, rejected. JUDGE JUDGE JUDGE