1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 2169/09 IN CRIMINAL APPEAL NO. 124/09 Kailash Jagdeo Gade .vs. State of Mah. _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : AUGUST 27, 2009. Heard Mr. A.P. Tathod, learned Counsel for the applicant and Mr. Fulzele, learned A.P.P. for the respondent. The present application has been moved by the applicant for grant of bail. Considered the rival contentions. In the instant case, PW.3 Sunita, who is the wife of the deceased Subhash and is the complainant, has lodged the First Information Report on the next day of the incident, wherein she has specifically mentioned that the present applicant along with the other co-accused (acquitted) came on the spot. The present applicant was armed with crow- bar and inflicted injury on the person of the deceased with the said weapon. Similar is the evidence of another eye- witness PW.6 Sahadeo. The medical evidence corroborates the testimony of eye-witnesses and demonstrates that the skull was fractured and even the haematoma was caused to the brain. Looking to the nature of evidence as well as the nature of injury caused to the deceased, we are of the view 2 that no case is made out for showing indulgence. The Criminal Application for bail is dismissed. JUDGE JUDGE. J.