IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1402 OF 2008 CRIMINAL APPLICATION NO. 1402 OF 2008 CRIMINAL APPLICATION NO. 1402 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1269 OF 2008 CRIMINAL APPEAL NO. 1269 OF 2008 CRIMINAL APPEAL NO. 1269 OF 2008 Deepak Jaidev Malik @ Deepak Jaidev Singh ...Applicant (Orig.Appellant) vs. State of Maharashtra ...Respondent Mr.M.S. Mohite i/b. Mr.Sudeep Pasbola and Rahul Arote for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : DECEMBER 17, 2008 DATED : DECEMBER 17, 2008 DATED : DECEMBER 17, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted for the offence punishable under Section 307 of the IPC and sentenced to suffer RI for five years and to pay a fine of Rs.2000/- and in default, to suffer further RI for two months. 3. Counsel for the applicant submits that the applicant has already undergone two years and two months - 2 - of sentence. He further submitted that from the evidence of the complainant, she had not seen who had fired a shot at her. He also invited my attention to the evidence of the other witnesses and submitted that there were discrepancies in the prosecution case and that the complainant had made number of improvements in her case. He further submitted that the recovery of the hand gun had not been established since the panch was a habitual panch and the finding to that effect had been recorded by the trial court. The said submission cannot be accepted. The complainant has stated the sequence of events. The incident took place on 10th March, 2006 and the complainant was in hospital and her statement is recorded only on 21st March, 2006. No case, therefore, is made out for grant of bail at this stage. Liberty, however, is granted to the applicant to apply for bail after expiry of six months. 4. The application is rejected. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)