:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1315 OF 2007 (FOR BAIL) IN CRIMINAL APPEAL NO. 1259 OF 2007 Raju Lallu Rathod ...Applicant (Orig.Accused no.1) Versus State of Maharashtra ....Respondents S.V.Marvadi Adv. for the applicants. J.P.Yagnik for the respondents. CORAM: S.C.DHARMADHIKARI, J. 10th January, 2008. P.C. P.C. P.C. : : : 1. The applicant accused no.1 before me has been convicted for the offences punishable under Section 323 of 307 of IPC and sentenced to undergo imprisonment for :2: :2: :2: seven years for the offence punishable under Section 307 of I.P.C. 2. The accused was in jail as an under-trial from 18.10.2004 to 24.10.2004. Thereafter, he was enlarged on bail. The trial concluded and the judgment was delivered on 27.11.2007. The Learned APP would urge that on account of the conviction, the circumstances undergo a change. The offence alleged is serious, inasmuch as, it has been held by the court below that the prosecution has proved beyond reasonable doubt that the applicant alone has committed the offence. It is contended that the injuries are serious. The appellant had inflicted knife blows over the chest (right side) of P.W.no.3. This incident is seen by the daughter and wife of P.W.no.3. 3. On the other hand Mr.Marwadi has invited my attention to the deposition of the witnesses which have been examined including that of the doctor. 4. With the assistance of the Mr. Marwadi and Learned APP I have perused the deposition of P.W.no.7 :3: :3: :3: Babasaheb Kashinath Patil. In the examination-in-chief itself, the Doctor has given the name of Sonya Kanya Rathod. Further, in the cross examination the Doctor has admitted that there is over writing in the Certificate as far as date and time of Examination. He has stated that he would not be able to tell the date when the Certificate (Ex.28) was issued. 5. Prima-facie, therefore it appears that the injuries which have been caused by the knife blow are not proved by the medical evidence. Further the deposition of the other witnesses, including that of P.W.No.3 would show that some assault took place and there were discussions about lodging of complaint. A suggestion was given to the witness that the injuries took place on account of the masonary work which is performed by P.W.no.3 and others. There were several others who had allegedly gathered at the site. The Learned Judge has relied upon the testimony of the relations. He has commented upon the role of Investigation Officer and the prosecution not examining independent witness. Prima-facie there is substance in the contention that the version of these witness is not :4: :4: :4: corroborated by medical evidence. In such circumstances and when the applicant was enlarged on bail during trial interest of justice would be subserved if he is enlarged on bail on same terms and conditions but upon furnishing fresh bonds. The applicant to report once in a fortnight to the concerned police station (Palghar Police Station). In default, the applicants bail shall be liable to be cancelled. disposed off. The incident has taken place at Village-Kolgaon, Taluka-Palghar. The applicant shall not enter the limits of Village-Kolgaon till the application is finally decided. The applicant shall furnish the address of his residence to the concerned police station. sd/- *******