1 cri-appln.218-11 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.218 OF 2011 IN CRIMINAL APPEAL NO.128 of 2011 Rajendra @ Anant Sainath Patil. ...Applicant Vs. The State of Maharashtra ..Respondent Mr. Hiten S. Venegavkar, for the Applicant Dr.F.R.Shaikh, APP for the State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 9th March, 2011 P.C. We have heard Mr. Venegavkar, the learned Counsel for the applicant. Dr.Shaikh, the learned A.P.P., appears for the State of Maharashtra. 2. By this application the applicant-accused prays for being released on bail during the pendency of Criminal Appeal No.128 of 2001 which has been filed by him and has been admitted. 2 cri-appln.218-11 3. In Sessions Case No.39 of 2009 the applicant has been convicted for the offence punishable under Section 302 of I.P.C., and has been sentenced to undergo R.I. for life. 4. As per the prosecution case on 31st May, 2009 there was a quarrel between the applicant and the deceased Shri Ramchandra Patil in the bazar at Islampur at about 7.00 p.m. Both of them were known wrestlers. The applicant had taken the deceased near the Khoka/stall and from there he lifted the deceased inside the godown. He took the deceased near the Nilgiri tree and gave a blow of Rapi on the neck of the deceased. He gave a second blow by the same weapon on the abdomen of the deceased. 5. The prosecution had examined in all 12 witnesses and claimed that P.W.1 -Suresh Shankar Midedar, P.W.2-Santosh Rajendra Shinde, P.W.3Mahesh Madan Kalshe and P.W.8-Shrirang Balaso Patil were the eye witnesses. However, P.W.1 to 3 turned hostile and only P.W.8-Shrirang Balaso Patil supported the prosecution case. P.W.11-Dr.Ramchandra Hindurao Madane had conducted the postmortem between 11.00 p.m. and 12.00 midnight on 31st May, 2009. The evidence of the Medical Officer proved that Ramchandra Patil died a homicidal death. The cause of death as per the postmortem report was “hemorrhagic shock due to incised wound on neck cutting carotid trunk on left side”. The C.A. Report 3 cri-appln.218-11 indicates that the blood group of the deceased was “B” and the blood of the same group was found on the recovered weapon as well as the clothes of the accused as per per C.A. Report at Exhibit 42. We have also perused the oral depositions of P.W.2, the lone eye witness for proving the prosecution case. We find that there is no case made out to suspend the order of sentence and release the applicant on bail. 6. Hence, the application is rejected. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)