1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1484 OF 2008 Nandu @ Santosh S. Salve ..Applicant V/s. The State of Maharashtra ..Respondent Deepa S. Matwankar i/b.Mr.J.N.Pawar, Advocate, for applicant Smt.V.R.Bhosale, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 23RD JUNE, 2008 P.C. . The F.I.R of Dhananjay @ Pappu Bhaskar Mane, Cable Operator with Panchawati Police Station registered on 7th August, 2006 indicates that on account of earlier settlement the accused was unhappy and nursed a grudge against Dhananjay/the complainant and Krishna Purkar. 2. On 7th August, 2006 the accused killed said Krishna Purkar for which the accused is facing prosecution vide C.R.No.278 of 2006. 2 3. It is alleged, immediately thereafter, the accused with the same Sword assaulted the complainant as to why he tried to settle earlier controversy and why the complainant acted as a leader in settling. The complainant skipped the sword attack. However, the complainant suffered sharp cutting injury 5 x 3 x 1 cm up to muscle deep margin clean bleeding at parital region. The Medical Officer opined that the injury was simple in nature. Normally, considering medical opinion one would consider that the nature of injury being simple the accused deserves to be released on bail. However, it is not that simple. The nature of assault on parital region and the gravity 5 x 3 x 1 cm sets out mind of accused as to his intention to eliminate complainant. The complainant was fortunate he avoided the brutal attack at his head. That apart, the accused has earlier five cases to his credit and his release will send bad signal in the society, such release will definitely create complications in the investigation, chances of intimidating witnesses cannot be ruled out. 3 4. In the result, no case for grant of bail. Hence, application rejected. (K.U.CHANDIWAL, J.)