IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 665 OF 2008 CRIMINAL APPLICATION NO. 665 OF 2008 CRIMINAL APPLICATION NO. 665 OF 2008 IN IN IN CRIMINAL APPEAL NO. 558 OF 2008 CRIMINAL APPEAL NO. 558 OF 2008 CRIMINAL APPEAL NO. 558 OF 2008 Baban Krishnaji Salunkhe ...Applicant/ Orig.Accused vs. The State of Maharashtra & Anr. ...Respondents Respondent No.2 is Compensatory Party Mr.Rahul S. Kate for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 21, 2008 DATED : OCTOBER 21, 2008 DATED : OCTOBER 21, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is convicted for the offence punishable under Section 307 and sentenced to suffer RI for 7 years. The prosecution has examined two eye witnesses. The applicant gave blow on the head of Narayan Shinde with an axe which caused the following injures :- "Incised wound over left fronto parietal region of size 10 x 2 cm with sharp edges bone deep. - 2 - Palpable depressed fracture, brain matter coming out. 3. In view of the evidence of PW 1 and PW 2, no case is made out for grant of bail. 4. The application for bail is rejected. Liberty, however, is granted to the applicant to apply for early date of hearing if the appeal is not heard within a reasonable period of time. Liberty is already granted to the applicant to apply for early date of hearing after filing of private paper book. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)