APPA. 890-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 890 OF 2011 IN CRIMINAL APPEAL No. 775 OF 2011 Bhimashankar Yallappa Putage ... Applicant Vs. State of Maharashtra ... Respondent *** Mr. Bhagwat S. Phad, for the Applicant. Ms. A. T. Jhaveri, APP, for the Respondent. *** CORAM : V. M. KANADE, A. M. THIPSAY, JJ. DATE : AUGUST 24, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the respondent State. This is an application for bail. The applicant (accused No.1) and accused No.2 are convicted by the trial court for the offences punishable under Section 302 read with Section 34 of the I. P. Code and are sentenced to suffer rigorous imprisonment for life. 2. The prosecution case is that the applicant along with APPA. 890-11 - 2 - other accused entered the house of the deceased and assaulted him with lethal weapons. According to prosecution, the deceased had married sister of one of the accused and therefore, he had a grudge against the deceased. As a result of the injuries which were inflicted by the accused, the deceased died and a complaint was lodged by his mother. The complainant has disclosed name of the accused in the FIR since she was acquainted with them. The prosecution, apart from relying on the testimony of the complainant, relied on evidence of two eye witness of the said incidence has examined them and also relied upon the recovery of weapon and the C.A. report. 3. The learned counsel appearing on behalf of the applicant submitted that the trial court has not taken into consideration the various discrepancies in the statement of witnesses and also the fact that the doctor who examined the deceased was shown the sickle by which the injuries were caused for the first time in the court. He also invited our attention to the observations made by the trial court and submitted that the said finding was erroneous. In our view, there is no sufficient material which indicates false involvement of the applicant in this case and the trial court having accepted the said material and APPA. 890-11 - 3 - convicted the applicant/accused for the offences punishable under Section 302 read with Section 34 of the I.P. Code, a t this stage, it will not be possible to grant bail to the applicant. Moreover, he was in custody during the course of the trial. Hence, the application for bail is rejected, and is accordingly disposed of. 4. Hearing of the appeal, however, is expedited. Liberty is granted to the applicant to file private paper book and apply for an early date of hearing. [ A. M. THIPSAY, J.] [ V. M. KANADE, J.]