1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 448 OF 2010 IN CRIMINAL APPEAL NO. 463 OF 2007 Bala @ Ustad Digambar Shitole ..Applicant Vs. State of Maharashtra ..Respondent .... Mr. Amol Patankar Adv. for applicant Mr. Rajesh More APP for State .... CORAM : SMT.RANJANA DESAI AND SMT.V.K.TAHILRAMANI, JJ. DATE : JUNE 21, 2010 P.C.: 1 Applicant was tried by the Sessions Court Pune in Sessions Case No. 652 of 2005 for the offences punishable under Sections 302, 504 r.w. 34 of the IPC. The applicant was tried with two other accused who were acquitted by the trial Court. The applicant was inter alia convicted for the offence under Section 302 of the IPC and sentenced to life imprisonment. His appeal has been admitted. This is his bail 2 application. 2 We have heard learned counsel for the applicant at some length. He strenuously contended that there is no credible evidence on record to establish the complicity of the applicant in the crime in question. He submitted that the recovery has been disbelieved by the trial Court as no blood was found on the spade which was allegedly recovered at the instance of the applicant. Counsel submitted that on the same set of evidence, two other accused have been acquitted. Learned trial Judge has held that there are contradictions in the testimony of the eye witnesses. Counsel submitted that it was, therefore, improper for the trial Court to convict the present applicant. Counsel submitted that there was long standing land dispute between the applicant and family of the deceased and that is the reason why the deceased has falsely implicated the applicant in the offence in question. 3 We are not impressed by any of the submissions made by learned counsel for the applicant. There are three eye witnesses to the incident in question. No doubt, the trial Court has disbelieved one of the eye witnesses but the evidence of the other two eye witnesses appears prima facie to be trustworthy so far as role of the applicant is concerned. 3 They are the wife and son of the deceased. In our opinion, at this stage, if there are two eye witnesses to the incident in question, it is difficult to consider the prayer for bail made by the applicant. Wife and son have no reason to falsely implicate a stranger in a gruesome crime like this. Besides, on the clothes of the applicant, blood of group `B' was found which is the blood group of the deceased. It is pertinent to note that blood group of the applicant is `A'. Therefore, prima facie, clothes of the applicant were found stained with the blood of the blood group of the deceased. This, in our opinion, is another incriminating circumstance against the applicant, hence, application for bail is rejected. [SMT. RANJANA DESAI, J.] [ SMT. V.K.TAHILRAMANI, J.]