[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1903 OF 2008 Shankar Shantappa Koli ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.R.D.Suryawanshi Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 15, 2008 DATE : JULY 15, 2008 DATE : JULY 15, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-36 of 2007 Ambernath Police Station. The said case is mainly under Section 302 of IPC. 3. The complainant Shankar Narayan Koli has stated that on 26.1.2007 at about 2.30 p.m. the applicant came along with sword and he assaulted Bramha Koli on the left side of his chest with sword. After stabbing, the applicant took out the sword and Bramha Koli caught the sword in both his hands. [-2-] The post mortem notes show stab wound on the left side of the chest and two incised wounds on both the hands. 4. The learned advocate for the applicant submitted that there is no recovery of sword at the instance of the applicant and what is recovered at the instance of the applicant, is knife. This shows that the applicant was falsely implicated. The learned APP pointed out that what is recovered from the applicant, is knife like sword and the length of the said weapon is 18 inches, hence, there is no inconsistency. 5. Looking to the statement of Shankar Narayan and role attributed to the applicant, I do not think that this is a fit case to grant bail to the applicant. 6. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]