abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4006 OF 2007 Laxman Bhimsu Sonure .. Applicant V/s The State of Maharashtra .. Respondent Mr.Sudatta Patil for the applicant. Mr.K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 25TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant is charged with an offence (C.R. No.87/2007 registered with Hatkanangale Police Station, Kolhapur) punishable under sections 307 of the Indian Penal Code. 3. The prosecution case in short is that the applicant had illicit relationship with the wife of the deceased. In the night of 16th June 2007 when the deceased returned home, he saw his wife in a - 2 - compromising position with the applicant. The deceased started beating his wife whereupon the applicant assaulted the deceased with a stick. He hit the deceased not only on the back but also on the head. The deceased died of the head injury caused by the stick blows given by the applicant. Initially, the wife of the deceased misled the police by stating that the deceased died of head injury caused by a fall due to intoxication. Subsequently, however, on the statements of brother of the deceased and other eye witnesses, the applicant was arrested on 20th June 2007. 4. Learned counsel for the applicant submitted that there was delay in recording of the statements of the brother and the alleged eye witnesses and the veracity of the statements is doubtful. He therefore submitted that the applicant was entitled to benefit of doubt and bail. 5. At this stage, it would not be appropriate to closely scrutinise the statements given by the brother and eye witnesses to test their veracity. Suffice it to say that there are eye witnesses to the crime, the charge sheet has been filed and on consideration of the material available on record the learned Sessions Judge having satisfied about the availability of prima facie material against the applicant has rejected the - 3 - application for bail. 6. Taking into consideration the fact that there is prima facie material connecting the applicant to the crime and also taking into consideration the gravity of the offence which is punishable with death or imprisonment for life, in my view, the applicant is not entitled to bail. Application is therefore rejected. (D.G. KARNIK, J.)