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Bombay High CourtAPPA/1047/2019

Murtuza @ Munna Dawal Shaikh v. The State Of Maharashtra

2020-02-17Hon'Ble Shri Justice Surendra Pandharinath Tavade,Hon'Ble Shri Justice Ranjit More.2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1047 OF 2019 IN CRIMINAL APPEAL NO. 414 OF 2016 Murtaza @ Munna Dawal Shaikh.

...Applicant.

Versus

State of Maharashtra.

..Respondent.

Mr. K. S. Patil i/b Mr. P. M. Patil for the Applicant. Mr. A. Sait, APP for the Respondent-State.

Coram : RANJIT MORE & SURENDRA P. TAVADE, JJ.

Date : February 17, 2020.

P. C. :

1.

Heard the learned counsel for the Applicant. 11 persons were charged and prosecuted for committing murder of one Kishor. 7 were held guilty and convicted by the sessions Court for the offences punishable under sections 302 and 149 of the Indian Penal Code, 1860. The present Applicant, a convict, is accused no.5 in the said case.

2.

So far as the present Applicant is concerned, it is alleged that he was carrying scythe, which he had concealed under his shirt on stomach side and implicated the injuries on the person of Kishor. The incident is witnessed by Vijay Marne [PWpatilsr 1 / 2

1]. He has supported the prosecution case. We are, therefore, not inclined to grant bail to this Applicant. Application is accordingly dismissed.

[SURENDRA P TAVADE, J.] [RANJIT MORE, J.] patilsr 2 / 2