1 APPLN 3917 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3917 OF 2010. Abdul Rehan Abdul Aziz Shaikh .. Applicant -versus The State of Maharashtra .. Respondent. Mr. K. A. J. Merchant, for the Applicant. Mrs. P. P. Shinde, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 4th October, 2010 P.C. 1. The applicant seeks bail in CR No.43 of 2010, registered with D.C.P., CID, Unit No.III, in respect of which charge sheet has been filed after completion of investigation. The allegation is that the applicant participated in a dacoity on 23rd March, 2010 in broad day light in which one Alpesh was injured. He subsequently died as a result of injury sustained by him. The evidence against applicant is that the applicant was seen by one Ajaykumar Gulabrao Bende entering premises where the incident took place. He identified the applicant in test identification parade which was held after 2 and half months. Bhagatsing Dalsing Budha, saw the applicant at the place where booty was distributed. Learned APP points out that details of calls made from or received on applicant’s 2 APPLN 3917 OF 2010.sxw mobile No.9967166159. It cannot be a co-incidence that the call details show that applicant’s mobile phone was in the vicinity of spot when incident took place and was in the vicinity of place where booty was distributed and also at the time of distribution. This is enough to deny the bail to applicant. Hence the application is rejected. 2. The learned Trial Judge, shall expedite the hearing of the case and shall dispose of the same as early as possible without being influenced by the observations made in this order. (R. C. CHAVAN, J.)