1 Appln 3387-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3387 OF 2010 Satish Vinayak Manohar ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.M.Joshi, Advocate, for the Applicant Mrs.R.V.Newton, Advocate, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 6TH SEPTEMBER, 2010 P.C. . The Applicant seeks bail on the ground that the Applicant was serving as a watchman. The victim and his friends came to the place on the night of 31st December and sought to park their Indica car. They also consumed beer and other varities of liquor at that place. On Applicant s accosting them they tried to thrash him up. The applicant took out kukri and stabbed the victim on the chest. The injury on the chest was found in the notes of Post Mortem examination to be 5 cm deep. 2 Appln 3387-10 There was another incised injury on the left Supraclavicular Fossa that is on the neck. Ordinarily, the contention of the learned Counsel for the Applicant based on Judgment in DARSHAN SINGH v. STATE OF PUNJAB AND ANOTHER, reported at (2010)2 Supreme Court Cases 333 about right of private defence could have been taken into consideration but for the fact that here the Applicant has been careful enough to choose the place where he hit the victim on the neck & chest. Therefore, his right of private defence must await appreciation of evidence at the trial. As far as his own medical history is concerned, he suffers from a disk problem at the level of vertebra L5S1. The State would undoubtedly take care of the applicant and the learned Sessions Judge would expedite hearing of this case considering this medical condition of the Applicant. 2. Criminal Application is, therefore, rejected. The learned Sessions Judge shall 3 Appln 3387-10 take up the case for expeditious hearing and dispose of as early as possible and preferably within a period of six months having regard to older custody cases which may be pending before him. (R.C.CHAVAN, J.)