1 cri-appa-862-09 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 862 OF 2009 IN CRI.APPEAL NO. 215 OF 2010 Sanjay Ramesh Ghodake ..Applicant Vs. The State of Maharashtra ..Respondent .... Ms. Ameeta Kuttikrishnan Adv. for Applicant Mr. S.S.Pednekar APP for State .... CORAM : SMT.RANJANA DESAI AND SMT.V.K.TAHILRAMANI, JJ. DATE : JULY 29, 2010 P.C.: 1 The applicant was tried by the Sessions Court at Palghar in Sessions Case No. 140 of 2006 for offences punishable under Sections 302, 201, 452 and 506 of IPC. By judgment and order dated 29.1.2008, the applicant was inter alia convicted for the offence under Section 302 2 cri-appa-862-09 of IPC and he is sentenced to imprisonment for life. Appeal of the appellant has been admitted. This is his bail application. 2 We have heard at considerable length the learned counsel appearing for the applicant. In our opinion, this is not a case where the bail could be granted. The incident in question is said to have taken place between the night of 3.7.2006 and 4.7.2006. It is the case of the prosecution that there used to be fights between the applicant and his wife and the applicant felt that deceased Narmadabai was instigating his wife. Between 2 to 2.30 a.m. the applicant is said to have entered the house of the deceased and dealt a blow with wooden plank on the head of the deceased. PW 1 Vijay is the son of the deceased and PW 2 Bachchu is the husband of the deceased. Due to fear, PW 1 and PW 2 left the house. When they returned in the morning at about 8 a.m., they found blood on the floor of the house and also on the wooden plank. The deceased was, however, not at home. PW 1 and PW 2 then went to the police station and informed the police. Along with police they went in search of the deceased to the house of the applicant. They found the dead body of the Narmadabai (deceased) in the house of the applicant. The applicant was sitting there. The applicant was put under arrest. His clothes were taken charge of. Admittedly, the C.A. Report states 3 cri-appa-862-09 that the blood group of the blood stains found on the clothes of the applicant, match the blood group of the deceased. The evidence of PW 1 and PW 2 is consistent. It inspires confidence. In our opinion, therefore, this is not a case where bail could be granted. Bail application is rejected. [SMT. RANJANA DESAI, J.] [ SMT. V.K.TAHILRAMANI, J.]