1 6.appa617-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.617 OF 2010 IN CRIMINAL APPEAL NO.745 OF 2009 WITH CRIMINAL APPEAL NO.745 OF 2009 Madhu Dharmji Ovhal. ..Applicant. Vs. The State of Maharashtra .. Respondent. .... Mr.Daulat G. Khamkar, Advocate for the Applicant. Ms.M.H. Mhatre, A.P.P. for the State. .... CORAM : D.D.SINHA & A.R.JOSHI, JJ. DATED : 23rd SEPTEMBER, 2010 P.C. 1. Heard learned Counsel for the applicant and the learned Additional Public Prosecutor for the State. 2. Learned Counsel for the applicant has submitted that in the instant case, the case of the prosecution is that the appellant committed murder of his own father (deceased Dharmaji). It is PPD 2 6.appa617-10 submitted that the sole eye witness PW-1 Vimal is the sister of the accused and daughter of the deceased. It is contended that the nature of injury sustained by the deceased is inadequate to prove the offence punishable under Section 302 of Indian Penal Code. It is contended that even if it is presumed that in a fit of anger the applicant has caused one fatal injury on the head of the deceased that by itself would not bring the offence punishable under Section 302 of Indian Penal Code. It is therefore contended that considering the prosecution evidence on record and since the petitioner is in jail since for a long time, he may be released on bail. 3. Learned Additional Public Prosecutor for the State opposed the application for grant of bail on the ground that the applicant was not on bail during the course of the trial. It is contended that the evidence of the prosecution is cogent and corroborated by the medical evidence and, therefore, the act of the accused was rightly held to be punishable under Section 302 of Indian Penal Code by the trial Court. 4. We have considered the contentions canvassed by the respective parties. Taking into consideration the overall view of the matter, we feel it appropriate to direct the office to list the Criminal Appeal for final hearing in the week commencing from 10th January, 2011. So far as the application for bail is concerned, since the appeal 3 6.appa617-10 itself is directed to be listed for final hearing, we do not want to show any indulgence in the bail application at this stage, which is disposed of accordingly. (D.D.SINHA,J.) (A.R.JOSHI,J.)