AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.11 OF 2009 IN CRIMINAL APPEAL NO.950 OF 2009 Jayram Kashya Pawar ... Applicant Vs. The State of Maharashtra ... Respondent Mr. A.J. Toraskar for the applicant. Mr. H.J. Dedhia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 23RD MARCH, 2010. P.C.:- 1. The applicant is convicted for offence punishable under Section 302 read with Sections 324, 211 and 504 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. The appeal filed by the applicant has been admitted. This is his bail application. AJN 2 2. We have heard learned counsel appearing for the applicant and learned A.P.P. appearing for the State. 3. Learned counsel for the applicant submitted that there are discrepancies between the evidence of the eye- witness PW-4 Manda and PW-8 Lalita, the daughter of the applicant. He submitted that the injuries suffered by the deceased are not consistent with the medical evidence and, hence, the applicant be released on bail. 4. It is not possible for us to accept the submissions of learned counsel for the applicant. PW-4 Manda has clearly stated in her evidence that the applicant was alleging that the deceased must be having illicit relations with one Sunil. She has categorically stated that the deceased was assaulted by the applicant with hand and stick. She has been cross-examined. However, she has stood firm in the cross-examination. PW-3 Dr. Ahire has done the postmortem on the dead-body of the deceased. He stated that he found ante-mortem injuries on the dead AJN 3 body. On internal examination, he found that rib Nos.7, 8 and 9 were fractured and there was bleeding. According to him, right lung was found injured due to rib fracture and the deceased might have died due to hypo volumic shock due to internal hemorrhage caused by lung injury. The doctor has categorically stated that these injuries are possible due to hard and blunt object. In our opinion, therefore, the prosecution has proved its case beyond reasonable doubt. The applicant cannot be granted bail. 5. The application is rejected. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]