1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4071 OF 2008 Rahul @ Abusaheb Gulam Rasool Mandal .... Petitioner. V/s State of Maharashtra ..... Respondent. ------ Ms. Pooja Bhojane for the petitioner. Mrs. M.H. Mhatre, APP for the State. ----- CORAM : V.M. KANADE, J. DATE : 12th January, 2009 P.C.: 1. Heard the learned Counsel for the Petitioner and the learned APP for the State. 2. Petitioner has been arrested in connection with the offence punishable under section 302 of the Indian Penal Code. It is submitted by the learned Counsel appearing on behalf of the petitioner that the petitioner himself has called the doctor when he found that his wife was lying in an unconscious condition in bathroom. Doctor, however, after he examined the wife of the petitioner, declared her dead and also noticed that there were several injuries on her person. Doctor, therefore, informed the police on telephone and the police promptly came to the site and arrested the petitioner. 2 3. The learned Counsel appearing on behalf of the petitioner submitted that the petitioner himself had called the Doctor and if he had been the assailant, he would not have taken trouble to call Doctor. It is submitted that there was every possibility that some unknown person might have attacked the deceased while she was alone in the house. 4. The learned APP appearing on behalf of the State, on the other hand, invited my attention to the statement of witnesses who have heard the screaming of the wife while the applicant was assaulting her in their house. 5. In view of the statement of the neighbours and other witnesses, no case is made out for grant of bail at this stage. Application for bail is rejected. Liberty is granted to the applicant to apply for bail if trial is not over within a reasonable period of time. 6. Application is disposed of. (V.M. KANADE, J.)