1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4550 of 2009 Ganesh @ Gudu Madhavrao Gandhe ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Murtaza M. Nazmi for the applicant. Mr. S.N.Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 24th February 2010 P.C. 1. Heard Mr.Najmi, counsel appointed for the applicant and learned APP for the State. 2. Applicant seeks bail in connection with C.R.No. 23 of 2007 registered at Lashkar Police Station, Pune. Initially, offence was registered u/s.394 of the IPC. However subsequently, the victim died and section 302 was also supplied. 3. Learned counsel appearing for the applicant pointed out that assuming all facts to be true there was no intention to cause death. The victim died after 27 days in the hospital and it is not established that the 2 injuries suffered at the time of robbery were the direct cause of the death. It is for the trial court to appreciate the post mortem report and medical evidence and come to a conclusion whether the death was the cause of the injury suffered at the time of the robbery and whether the applicant had a knowledge that death was likely to be caused on account of such injuries. Suffice at this stage to say that the victim has died and post mortem report does state the injuries to be cause of the death. There is a prima facie material connecting the applicant to the crime. He has been identified in the Test Identification Parade. There has been a discovery at the instance of the applicant. Thus, there is prima facie material connecting the applicant to the crime. 4. Considering the gravity of the offence and fact that offence is punishable with death or Imprisonment for life, in my view, applicant cannot be granted bail. Hence, Application is rejected. 5. Before I part, I must record the valuable help rendered to this Court by Mr.Nazmi who was appearing as the court appointed counsel for the applicant. (D.G. KARNIK,J.)