1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1708 OF 2008 Khetasing Ranbirsing Dudhani .. Applicant versus State of Maharashtra .. Respondent ... Mr.R.D. Suryawanshi for the applicant. Mr.S.S. Pednekar APP for the respondent. CORAM : D.G.KARNIK, J DATED : 24th June 2008 P.C.: 1. Heard. 2. This is the second bail application filed in this court. By an order dated 18th January 2008, the first bail application was rejected by this court by a reasoned order. Since then, there has been no change in the circumstances. Learned counsel for the applicant however relied upon a decision of the 2 Supreme Court in Bhausaheb Nagu Dhavare Vs. State of Maharashtra reported in 2001(3) Crimes 410 and submitted that the offence is punishable only u/s.307 of the IPC and with the passage of time, there is no possibility of the offence being escalated to an higher offence punishable u/s.302 of the IPC and therefore applicant should be granted bail. 3. In Bhausaheb Dhavare on the facts the Supreme Court granted bail. No general principle was laid down that whenever there is no possibility of conversion of an offence u/s.307 into 302 of the IPC, the bail must be granted. 4. In the present case, the victim who is the public servant was assaulted while on duty and for preventing/obstructing him from performing the public duty. Sword and iron rod were used. In the circumstances, no case is made out for grant of bail. Hence the application is rejected. (D.G. KARNIK, J)