-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.6223 OF 2005 IN CRIMINAL APPEAL NO.877 OF 2005 Bhagwan Shetiba Vitkar .. Appellant v/s. The State of Maharashtra .. Respondent Through Sr.P.I., Daund P.Stn. Taluka Daund, Dist. Pune. Mr.Ramesh K. Patil i/by M/s.Jay & Co. for the appellant. Mr.Y.S.Shinde, Addl. Public Prosecutor for the State. CORAM : SMT.RANJANA DESAI AND ANOOP V. MOHTA, JJ. DATED : 17th October, 2005. P.C. The appellant was convicted for the offence under section 302 I.P.C. and sentenced to suffer life imprisonment by the IInd Additional Sessions Judge, Baramati in Sessions Case No.54 of 2003. The case of the prosecution is that the appellant stabbed his wife to death on 2.12.2002 in the morning. P.W.3, a co-worker is an eye witness. The weapon of assault viz. knife was recovered from the house of the accused. Knife was found stained with blood, group of which matches with the blood group of the deceased. On the clothes of the accused, blood stains were found and the blood group of those blood stains matches with the blood -2- group of the deceased. The appellant has inflicted several injuries on the deceased, one of which is inflicted on the chest. The appellant was not on bail in the trial court. Therefore, we are of the opinion that at this stage, he cannot be released on bail. However, the learned counsel for the appellant strenuously contended that the appellant is in jail for about three years. The appellant has two children who are presently being looked after by the grand mother. He submitted that the appellant and the deceased were married for about eight years and there were no complaints from the deceased wife. He states that the incident had taken place on the spur of the moment out of quarrel and the case at the most would fall under section 304 Part I or Part II I.P.C. Though at this stage, we are not inclined to consider this submission, we make it clear that the appellant can renew his application for bail after a period of two years if his appeal is not disposed of by then and we are sure, the court will consider this submission of the appellant in accordance with law at that stage. 2. Application disposed of. (SMT.RANJANA (SMT.RANJANA (SMT.RANJANA DESAI, J.) DESAI, J.) DESAI, J.) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)