1 20 appa.869.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 869 OF 2010 IN CRIMINAL APPEAL NO. 139 OF 2006 Subash Francis D’Souza. ... Applicant Vs. The State of Maharashtra. ... Respondent ----- Ms. Sharmila Kaushik for the Applicant. Mr. J.P.Yagnik, APP for the State. ----- CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 31 st August, 2010. P.C. 1 Heard the learned counsel for the parties. 2 By this application, it is prayed that the Applicant be released on bail. That prayer is founded on two counts; firstly, that the Applicant is seriously ill and is a paralytic person. He needs constant treatment and medical care. The second count is that no case has been made out against the Applicant and he has very strong case on merits. We will first deal with the second contention. The argument is devoid of merits. From the discussion in paragraph No. 16 onwards of the impugned judgment, it 2 20 appa.869.10 is seen that evidence of PW-2 and PW-3 has been analyzed by the trial Court. The argument of the Applicant that PW-1 has been relied by the prosecution as eye witness, clearly overlooks the prosecution case that he has been examined to depose about the post incident events. The prosecution is essentially relying on the evidence of PW-2 and PW-3. In our opinion, the view taken by the trial Court while considering the said evidence is a possible view. 3 Reverting to the first contention that the Applicant should be released on medical grounds, even that argument does not commend to us. The medical certificate produced by the Chief Medical Officer alongwith his affidavit filed before us dated 13 th August, 2010 substantiate the facts stated in the affidavit that the Applicant is only suffering from weakness in left hand and left lower leg. Besides, he has been provided with all medical facilities while in jail. 4 In the circumstances, we see no reason to accede to the request of the Applicant to be released on bail. Hence rejected. [ U.D. SALVI, J ] [ A.M. KHANWILKAR, J ]