1 cr­appa­1154­10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 1154 OF 2010 IN CRI.APPEAL NO. 1190 OF 2007 Sahdeo Dattu Esapure ..Applicant Vs. The State of Maharashtra ..Respondent .... Mr. P.D.Pise Adv.for applicant Smt. U.V.Kejariwal APP for the State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : SEPTEMBER 28, 2010 P.C.: 1 Heard the learned advocate for the applicant and the learned APP for the State. 2 The applicant has been mainly convicted under Section 304-II of IPC and he is sentenced to RI for ten years. Appeal preferred by him is pending. The applicant is now is seeking bail. 3 The prosecution case is that on 30.9.2005 the quarrel took place between the applicant and his wife Shalan. Applicant dragged his wife infront of the house and inflicted stab wound in the chest. She died on the spot due to stab injury. Meanwhile, PW 4 Rajashree who is daughter of the applicant, tried to save her mother but the applicant 2 cr­appa­1154­10 inflicted incised wounds on her neck and right shoulder by means of very same knife. Rajashree sustained injuries over the right shoulder and neck. 4 The learned advocate for the applicant contended that the applicant has been sentenced to imprisonment for ten years and he has already undergone almost half of the period of imprisonment, hence, the applicant is entitled to be released on bail. In support of his contention, he has placed reliance on a decision of the Supreme Court in Kamal Vs. State of Haryana reported in (2004) 13 S.C.C. 526, wherein the appellant came to be released on bail as he has undergone substantial period of sentence. 5 In the present case, as the main appeal has been fixed for final hearing in the week commencing from 11.10.2010 and in view of the fact that the applicant caused death of his wife and caused two injuries to his daughter Rajshree with knife and one of two injuries, was on a vital part i.e. neck, I am not inclined to grant bail to the applicant. Hence, application is rejected. [ SMT. V.K.TAHILRAMANI, J.]