appln1495of2010.sxw 1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1495 OF 2010 Shri. Abbasaheb Bapu Phonde .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Sanjeev P Kadam, for the Applicant. Mr Y.S. Shinde, APP for the State. CORAM: R.S.MOHITE, J. DATED: 22nd April, 2010 P.C. 1. This is an application for grant of bail. The applicant is shown as accused in CR No.116 of 2009, registered with Jat Police Station for offences under section 302, 504, r/w 34 of IPC. The deceased is one Dadasaheb Khutale. There are three accused in this case which include the applicant, his brother Hanumant Phonde and his father Bapu Phonde. According to prosecution accused assaulted to deceased with iron pipe and sticks. There are three eye witnesses i)Mr Nandkumar Khutale, Yuvraj Khutale and Kiran Gulve. It is contended that eye witness Nandkumar and Yuvraj Khutale speak about assault by iron rod. However, on reading the statement of Kiran Gulve, in the later portion of the appln1495of2010.sxw 2 statement he has stated that the present applicant assaulted with an iron rod. On perusing Postmortem report, assault is brutal in nature. There are three CLWs involving fracture on different parts of the body. In addition there are abrasions on right thigh, right knee etc. It is not a fit case to grant bail. Therefore, the application is rejected. (R.S. MOHITE, J.)