1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3806 OF 2007 Vinod @ Danam Subhash Sonawane .. Applicant versus State of Maharashtra .. Respondent ... Mrs.Mallika Ingale for the applicant. Mr.U.V. Nikam APP for the State. CORAM : D.G.KARNIK, J DATED : 21st January 2008 P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. The applicant has been arrested and is in custody in connection with Crime No.110 of 2006 registered with Baramati City police station on 10th August 2006. Complaint has been lodged by Bharat J. Ahiwale that on the night of 9th August 2006, the 2 applicant along with 11 other named persons and four to five unnamed persons assaulted the complainant, his brother, his two children and their friend Abhijit A. Bhosale with a view to kill them. The assailants used rods, bamboo, sticks and sword. The FIR was lodged within hours by the complainant who was injured. Subsequently, one of the injured persons Abhijit Bhosale died on 14th August 2006. Initially, the FIR was registered u/s.307, 143, 147, 148, 149, 324 and 326, 504 and 506 of the IPC. Subsequently, on account of the death, charge u/s.302 of the IPC has also been added. 3. Apart from the complainant who himself is the injured and victim there are other eye witnesses to the crime. 4. The offence is punishable with death or imprisonment for life. Unarmed complainant, his brother, children and their friend was arrested by a large group of people armed with the weapons. The gravity of the offence and helplessness of the victims is one of the factors required to be taken into account while considering request for bail. 5. The application made by the applicant for bail to the Sessions Court was rejected by it by an 3 order dated 7th February 2007. The application for bail made in this court (Criminal Application no.1625 of 2007) was withdrawn by the applicant unconditionally. 6. Taking into consideration the facts and circumstances of the case and also taking into consideration the gravity of the offence as also the fact that there are eye witnesses to the crime, I am not inclined to grant the bail especially when the charge has already been framed and the trial is likely to commence in a reasonable time. 7. In the circumstances, application for bail is rejected. (D.G. KARNIK, J)