jpc ba795-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 795 OF 2011 Kishore Shrikant Bansode ... Applicant Versus The State of Maharashtra ... Respondent Mr. V. V. Purwant, for the applicant Mr K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 5th July, 2011. P.C. : 1. Heard Mr. Purwant, the learned advocate for the applicant and Mr. Saste, the learned, APP for the State. 2. I have gone through the F.I.R. and glanced through the charge sheet, copy of which have been annexed to the bail application. 3. The applicant is alleged to have murdered his own brother-w Amol Bansode. The First Information Report has been lodged by Shrikant Bansode who is the father of the applicant as well as the deceased. The First Informant Claims to be an eye witness to the incident. 4. Mr. Purwant contended that the version in the F.I.R. cannot be accepted. He pointed out that the FIR was not lodged promptly and further that, the record does not show whether the history of the assault by the applicant was given to the Doctors concerned when the jpc ba795-11.sxw 2 deceased was taken to the Hospital. While there is substance in this contention, the possibility that the First informant not having lodged the report promptly, because his own son was involved in the alleged offence, cannot be ruled out. 5. At this stage, it would not be proper to discard the statement of the first informant that he has witnessed the incident, as false. Once this is so, it cannot be said that a prima facie case does not exist against the applicant. In the circumstances and after considering all the relevant aspects of the matter, I not inclined to release the applicant on bail. 6. The Application is rejected. (A.M. THIPSAY, J.)