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 CRI.APPLICATION NO.3640 OF 2008 CRI.APPLICATION NO.3640 OF 2008 CRI.APPLICATION NO.3640 OF 2008 Pintya @ Babasaheb Pundlik Nikam, Applicant Vs The State of Maharashtra, Respondent. Mr Jayesh Bansilal Kocheta, for the applicant. Mr H.J.Dedhiya, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 28/11/2008 DATE : 28/11/2008 DATE : 28/11/2008 PC: PC: PC: 1. Heard Mr. Kocheta, learned counsel for the applicant and Mr.Dedhiya, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.32 of 2008 of Junnar police station, Dist-Pune. The said crime has been registered against the applicant and six others for having allegedly committed an offence punishable under sections 302,307,143, 147,148 and 149 of IPC and 3(1)(x) and 3(2)(v) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. It is the prosecution case that on 19.4.2008 at 8 am all the accused committed murder of Adesh Sonawane and attempted to commit murder of complainant Ajay Sonawane. Insofar as the applicant is concerned, he allegedly gave 3-4 blows with iron rod on the legs of the complainant, as a result of which the complainant sustained fracture of his right leg. Thereafter all the accused chased the deceased, who made an attempt to rescue the complainant. The said assault on the deceased Adesh was seen by Aajim Najir Pathan, who has specifically attributed overt act to the present applicant stating that he had assaulted the deceased with iron rod. There is enough material on record to implicate the applicant and hence I am not inclined to enlarge him on bail. The application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)