FARAD CONTINUATION SHEET NO.: 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 SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRI.APPLICATION NO.3364 OF 2008 CRI.APPLICATION NO.3364 OF 2008 CRI.APPLICATION NO.3364 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr P.M.Pradhan, sr.advocate with Mr P.L.Sapkale , for the applicant. Mr H.J.Dedhiya , APP for the State. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. DATED: 10.11.2008 DATED: 10.11.2008 DATED: 10.11.2008 P.C.: P.C.: P.C.: Heard Mr. Pradhan, learned senior counsel for the applicant and Mr.Dedhiya, learned APP, for the State. The applicant has prayed for bail in C.R.No.89 of 2007 of Dombivali police station. The said crime has been registered against the applicant and seven others for having allegedly committed an offence punishable under sections 341,342,368, 302, 323,147,148 and 149 of IPC. According to the prosecution, the applicant and seven others have allegedly killed one Mukund Chowdhary on the intervening night of 2nd and 3rd of May, 2007. The alleged incident was witnessed by complainant Pravin and his two companions Vinayak and Shyam Mishra. In the initial statement of the complainant recorded on 3.5.2007 he did not name the present applicant. However, in his supplementary statement recorded on 4.5.2007 he has specifically mentioned as to how the name of the present applicant remained to be mentioned in the FIR. The other two witnesses have clearly mentioned the name of the applicant as one of the assailants. Moreover, there are other incriminating circumstances against the applicant, namely, recovery of weapon and seizure of blood stained clothes. Blood found on the weapon and the clothes of the applicant matched with the blood group of the deceased. The deceased had sustained 17 injuries. Keeping that in view and considering overall facts and circumstances of the case, 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.)