1 Appa.1041.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1041 OF 2011 IN CRIMINAL APPEAL NO. 642 OF 2010 Faiyaz Ismile Petkar ..Applicant vs The State of Maharashtra ..Respondent Mr. Ramesh Dube Patil a/w Ashi Giri i/b M/s. Jay and Co.,for Applicant. Smt. V. R. Bhosale, APP for State. CORAM: V. M. KANADE & A. M. THIPSAY, JJ. DATED : SEPTEMBER 6, 2011. P.C. : Heard learned Counsel for the Applicant and the learned APP for State. The applicant has been convicted for the offence punishable under Section 302 r/w Section 34 of the Indian Penal Code. The prosecution case is that the Applicant and other co-accused assaulted the deceased with wooden logs and as a result of said assault, the deceased succumbed to the injury and died. The learned Counsel for the Applicant submitted that the deceased was suffering from mental illness and was under an impression that his wife had given a loan of Rs. 3 lacs to the Accused No.1. 2 It was submitted that as a result of trivial incident which took place on 16.11.2005, the quarrel had taken place. He submitted that the deceased Gulam had asked Hasina to close the water tap and as a result of this, the accused 2 Appa.1041.11 entered the house of the deceased and assaulted him with wooden logs on his head. 3 In our opinion, taking into consideration the material which is there on record, it is not possible to grant bail to the applicant. Hence application for bail is rejected. Hearing of the Appeal is however expedited. Liberty is granted to the applicant to prepare a Private Paper Book and make application for hearing the appeal on a fixed date. If the Appeal is not heard within a reasonable period of time, liberty is granted to the Applicant to apply again. ( A. M. THIPSAY, J.) ( V. M. KANADE, J.)