1 1 1 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.3148 OF 2008 Azhar Alimoddin Sayyed, .. Applicant Vs The State of Maharashtra, .. Respondent. Mr Amin Solkar, for the applicant. Mr Y.S.Shinde, APP for the respondent. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18.10.2008. DATED : 18.10.2008. DATED : 18.10.2008. P.C.: 1. Heard Mr Solkar, learned counsel for the applicant and Mr Shinde, learned APP for the respondent. 2. The applicant has prayed for bail in C.R.No.171 of 2008 of Nashik Road Police Station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302,363,452,323,504,506 read with 34 of IPC. The applicant along with seven others have allegedly killed the deceased Prabhakar Bhalerao. It appears that on 1.4.2008 at about 9.30 am all the accused persons entered the house of deceased Prabhakar and in the presence of his wife and children assaulted him with fist and kick blows and thereafter they took him in the car of the present applicant. 2 2 2 The present applicant was also there in the car. Thereafter, two accused took the deceased to the hospital in the same car where the deceased was declared dead. No explanation is forthcoming as to what happened after all the accused persons abducted the deceased till the deceased was taken to the hospital. Mr Solkar invited my attention to the statement of one of the accused Taskinbai, who had stated that the deceased jumped into the well. He submitted that the incident of jumping into the well occurred in the presence of several persons but he could not point out a single statement on record of an independent witness saying so. Having considered that, in my opinion, this is not a fit case to enlarge the applicant on bail. Hence, the application is rejected. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)