3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4308 OF 2009 (Manik s/o. Sadashiv More V/s. State of Maharashtra) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 27.01.2010 1. Heard Adv. Smt. A.S. Mantri for the applicant and A.P.P. Shri K.M. Suryawanshi for the respondent/State. The applicant has filed this application for bail pending his appeal against order of conviction for offence punishable under section 307 of the I.P.C., for which he is sentenced to suffer imprisonment for three years and to pay fine of Rs. 500/-. 2. It is prosecution case that for two years prior to the incident, the applicant was suffering from AIDS and he was taking treatment for the same. On 13.04.2008 at night the applicant asked for sexual pleasure to his wife Devshala. On refusal from 3 her, the applicant attacked his wife and inflicted blows with sickle on her neck, chest and throat. The applicant was saying if she was not of use for him, then why should he keep her alive. Thereafter, neighbours intervened and called police. 3. In the first place it appears that the applicant is very hot headed person. It is not known whether he would commit another offence, if released on bail. Secondly, he had been in jail since he was arrested and he had no money even to engage advocate. It is doubtful whether he would be in a position to take treatment for his disease. In-fact, in jail he can get free medical treatment. 4. Considering the circumstances of the case and possibility that the accused may abscond and no one has come forward since the day of incident in April 2008 to give guarantee of his presence in Court whenever required, this application is rejected. 5. Hearing of the appeal is 3 expedited. As soon as paper book is prepared and supplied to the Court, the advocate for the applicant is at liberty to circulate the matter for early hearing. [P.R. BORKAR,J.] snk/2010/JAN10/cra4308.09