HVN 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 JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 652 OF 2008 IN CRIMINAL APPEAL NO. 553 OF 2008 Parshuram @ Parshu Ganpat Nalawade ... Applicant Versus The State of Maharashtra ... Respondent Mr. V.T. Tulpule with Mr. Harshad Bhadbhade and Santosh Khopade for the Applicant. Mrs. Usha Kejriwal, A.P.P. for State. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL,JJ. K.U.CHANDIWAL,JJ. K.U.CHANDIWAL,JJ. DATED: JULY 02, 2008 DATED: JULY 02, 2008 DATED: JULY 02, 2008 P.C. P.C. P.C. . The appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code as also under the Arms Act. He is one amongst the accused who were charged for the offence. The others have been acquitted. . From the record, we find that the accused was in custody between the period from 1.7.2004 to 1.6.2005. On behalf of the appellant, the learned counsel submits that though gun has been recovered, there is no evidence to show that the bullet which was fired, was from the said gun. It is further submitted that in so far as the dying declaration is concerned, considering the other circumstances, there are doubts as to the veracity of the said dying declaration and therefore, ought not to have been considered by the learned Judge. . We have gone through the judgment of the learned Judge. The learned Judge considering the evidence has found the appellant guilty of the offence. . There are two circumstances on which the learned counsel for the appellant has laid stress. Firstly the dying declaration. The learned Judge has given the reason as to why the dying declaration should be accepted. It is not possible for us at this stage to hold that the said reasoning cannot be sustained. In so far a s other aspect is concerned, the gun was recovered at the instance of the accused. The ballistic experts report would show that a bullet was fired from the said gun. . In these circumstances, in our opinion, there is no material to grant the bail. Hence, application for bail rejected. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)