: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 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2128 OF 2006 Shri. Annappa Vitthal Tapekar. ...Applicant. Vs. State of Maharashtra. ...Respondent. Mr.A.P. Mundergi, Sr. Advocate with Mr. Amol Patankar for the Applicant. Mr. Pednekar, APP. for the State. CORAM : R.S. MOHITE,J. DATED : 12/7/2006. P.C. P.C. P.C. 1. This is an application for grant of bail. The applicant is shown as an accused in C.R.No.78/2005 registered by Radhanagari Police Station, Kolhapur for alleged offence under Section 302 of the Indian Penal Code. The applicant is said to have committed murder of deceased Vandana and he is the brother in law of the deceased Vandana. Her husband expired prior to one year of the incident. The complaint is filed by her elder son Yuvraj who is aged 16 years. There was civil and criminal litigations going on between the deceased and the applicant. On 22.12.2005, deceased Vandana and her neighbours Housabai Powar and Sushila Desai were going towards land for collecting the fire wood. The applicant followed them and assaulted Vandana by stick. She sustained six major injuries on vital parts of the :2: body and died due to head injury. The eye witness Sushila informed this incident to the complainant and he took his mother to the Primary Health Centre. She was referred to the C.P.R. Hospital but she died on the way. There are two eye witnesses by name Housabai and Sushilabai. Their statements were recorded on 24.12.2005. The grievance is made that the earlier statements are not forthcoming. As directed the copies of the earlier statements were handed over to the other side, but no material variance is found. The ocular evidence is corroborated by the medical evidence. Not a fit case for grant of bail. Hence, application is rejected. 2. The observations made in this order will not be taken into account at the stage of trial. 3. Application is disposed off. (R. S. MOHITE, J.)