[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2021 OF 2008 Nilesh Prabhakar Ohal ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Abhaykumar Apte Advocate for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 10, 2008 DATE : JULY 10, 2008 DATE : JULY 10, 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.6 of 2008 of Khadki Police Station, Pune. The said case is mainly under Section 302 of IPC. 3. The learned advocate for the applicant submitted that there is no recovery at the instance of the applicant. The learned APP pointed out that the knife was imbedded in the chest of Raju and it came to be removed only during the post mortem, hence, there is no question of any recovery at the [-2-] instance of the applicant. The learned advocate for the applicant further submitted that though the witnesses carried Raju (deceased) to the hospital, neither their clothes were blood stained nor blood stains were found in the vehicle in which he was carried to the hospital. Mr.Apte further submitted that eye witnesses are got up witnesses as the eye witnesses have not tried to rescue Raju nor did they try to apprehend the accused. I do not find it necessary to give over much importance to these aspects as on perusal of the material, it is seen that eye witnesses have stated that the applicant inflicted a blow with knife on the chest of Raju. Looking to this fact, I am not inclined to grant bail to the applicant. 4. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]