1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.771 OF 2009 IN CRIMINAL APPEAL NO.1108 OF 2007 Sandeep Eknath Dundale .... Applicant Vs. The State of Maharashtra .... Respondent Mr.Nitin Pradhan i/b S.D. Khot & Ameeta Kuttishekhar Advocates for Applicant. Mr.Y.S.Shinde, APP for State. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 21st August, 2009 P.C. 1. This is an application for bail filed by the applicant who is convicted of the offence punishable under Section 307, 326 and Section452 r/w 34 Indian Penal Code. The applicant has been sentenced to suffer rigorous imprisonment for 7 years on all counts and to pay fine of Rs.20,000/- in default to suffer rigorous imprisonment for one year on all counts. The learned counsel for the applicant submits that the applicant has already undergone one half of the sentence awarded to him and can be considered for release on bail. The facts alleged and established by the prosecution are that on 22nd January 2006 at about 3.30 am, when the complainant was sleeping, the co-accused Sanjay Jadhav pulled and 2 quilt on the person of the complainant and caught his legs. Then the applicant gave multiple blows of knife to the complainant. When the complainant obstructed the assault on him with his left hand and cried out loudly, then the applicant and his co-accused ran away. The complainant noticed the applicant and the co-accused in the light of zero bulb. Considering the facts of the case of deliberate assault in the dead of night, the Application is dismissed. (SMT.R.P. SONDURBALDOTA,J)