[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2608 OF 2008 Shri.Jaylal Tribuji Narayan Pandey ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.K.S.Patil Advocate for Applicant Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-38 of 2008 of Nalasopara Police Station. The said case is mainly under Section 326 of IPC. 3. The complainant i.e. injured person has stated that the applicant assaulted him with scythe. The complainant has specifically stated that the applicant gave him three blows with scythe. The [-2-] said blows caused injury to his left eye, nose and hand. The eye sight of the complainant was affected and he had to be operated for orbital excavation and plastic reconstruction of the left eye. 4. The learned counsel for the applicant submitted that the incident occurred on 21.6.2008 however, the FIR is lodged on 29.1.2008. He submitted that this delay shows that the applicant has been falsely implicated. However, on perusal of the medical certificate of the complainant, it is seen that even on 28.1.2008, the complainant was not in a condition to talk. There is no other eye witness to the incident. In the facts of this case, delay in lodging the FIR is not such as to affect the prosecution case. 5. Thereafter, it was submitted that some other witnesses were aware that the complainant had been assaulted by the applicant. However, they had also not informed the police prior to 30.1.2008. As stated earlier, there is no eye witness to the incident. Hence, if these persons did not inform the police prior to lodging of FIR that cannot [-3-] seriously affect the prosecution case. Looking to the role of the applicant and the injuries sustained by the complainant, I do not think that this is a fit case to grant bail. 6. Application is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]