IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 706 OF 2009 IN CRIMINAL APPEAL NO. 671 OF 2009 POPAT RANGRAO NIKAM .. .. APPLICANT Vs. STATE OF MAHARASHTRA .. .. RESPONDENT Mr. A. P. Mundargi i/b Dilip Bodake for applicant Mr. H. J. Dedhia, APP CORAM: SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATED : 16/2/2010 P.C. The applicant was tried along with two others by the Additional Sessions Judge, Baramati, District Pune, for offences punishable under Section 498-A read with 34 of the Indian Penal Code (“IPC” for short). The applicant was also tried for offence under Section 302 of the IPC. By judgment and order dated 2/6/09 the applicant was convicted of offence under Section 302 of the IPC. He was sentenced to suffer life imprisonment. He was acquitted along with the other accused of the offence punishable under Section 498-A r/w Section 34 of the IPC. Being aggrieved by the order of conviction and sentence the applicant has preferred an appeal to this court which is admitted. This is his application for bail. 2. We have heard Mr. Mundargi, learned counsel for the applicant at some length. He submitted that all the prosecution witnesses have turned hostile. They have not supported the prosecution case that it is the applicant who assaulted the deceased. He submitted that, therefore, this is a fit case where the applicant should be released on bail. 3. It is not possible for us to release the applicant on bail. It is true that all the prosecution witnesses except the doctor have turned hostile. But it is the doctor’s evidence which persuades us not to release the applicant on bail. PW 10 Dr. Sou Goje is an independent person. Prima facie, we feel that the doctor has no reason to falsely implicate the applicant. The doctor has said that on 8/7/07 the applicant was brought to her for medical examination at Rural Hospital Rui. She has stated that she examined him at 2-30 p.m. and that he disclosed that there was fight between him and his wife i.e. the deceased on 7/7/07 and he beat his wife with a stick. This extra judicial confession prima facie inspires confidence. Besides the injuries sustained by the deceased clearly indicate that death was homicidal. Moreover the applicant was not on bail during trial. The application for bail is, therefore, rejected. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)