((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1374 OF 2008 IN CRIMINAL APPEAL NO.1266 OF 2008 Bhojraj @ Raj Lalkant Bhattarai Applicant versus The State of Maharashtra Respondent Mr.P.B.Kakade for the applicant. Ms.A.T.Javeri, APP for the State. CORAM : A.S.OKA, J. DATE : 17th March 2009 PC : 1. Heard learned advocate for the applicant. The applicant has been convicted for the offences punishable under sections 307, 452 and 324 of the Indian Penal Code. The maximum substantive sentence is rigorous imprisonment for five years. 2. The submission of the advocate for the applicant is that the prosecution case is full of infirmities and discripancies. He submitted that there is no independent witness examined to show that the applicant entered the house of the complainant as alleged by the prosecution. He submitted that the medical evidence was inconsistent with the case made out by the eye witnesses. He submitted that out of the ((-2-)) substantive sentence of five years, the applicant has already undergone the sentence for two years. He, therefore, submitted that the applicant is entitled to be enlarged on bail. 3. I have considered the submissions. I have perused the notes of evidence. PW-3 and PW-5 are more or less consistent in their version that an attempt was made by the applicant to kill the accused no.3 by putting pillow on his mouth. The applicant was not unknown to the said witnesses as he was working as a cook with them. Considering the evidence of the prosecution witnesses, the complicity of the applicant for the offence under section 307 has been established. The applicant was not enlarged on bail during pendency of the trial. 4. Considering the evidence on record, no case is made out for enlarging the applicant on bail. The application for bail is rejected. However, the sentence is of a limited duration. Hence, a liberty is granted to the applicant to file private paper book. If the appeal is not heard within six months from today, it will be open for the applicant to apply for bail as the ((-3-)) sentence is of a limited duration. (A.S.OKA, J.)