[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.455 OF 2008 IN APPEAL NO. 306 OF 2008 Shri.Shivaji Krishna Patil ..Applicant Vs. The State of Maharashtra ..Respondent ... Ms.Anita Patil advocate for applicant Mr.Rajesh More A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : MAY 05, 2008 DATE : MAY 05, 2008 DATE : MAY 05, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant has been convicted under Section 307 of IPC and sentenced to imprisonment of ten years. The applicant is now seeking bail. 3. The learned advocate for the applicant submitted that the age of the applicant is 73 years and the applicant has been in custody for two years, hence, he has prayed that the applicant may be released on bail. One further submission is [-2-] made by the learned advocate for the applicant that no independent witnesses have been examined and only interested witnesses have been examined in the present case. 4. As far as the second submission is concerned, it is seen that injured witness PW 3 Baban himself has been examined. The role attributed to the applicant is that he had assaulted the injured with sword and 13 injuries were caused by the applicant to the injured witnesses. Looking to the gruesome assaulted on Baban by the applicant, it is not expected that independent witness would come forward to depose against the applicant. Hence, I find no merit in this submission. As far as the first submission is concerned, i.e. age of the applicant, it is seen that the applicant had assaulted Baban with sword and caused him 13 injuries. The applicant had capacity to cause 13 injuries to Baban with sword. Nothing has been brought on record that the applicant is sick or ill. In this view of the matter, I am not inclined to grant bail to the applicant on the ground of age also. [-3-] 5. Looking to the role attributed to the applicant, I am not inclined to grant bail to the applicant. Application for bail is rejected at this stage. Liberty is granted to prefer a fresh application for bail in case the appeal is not heard by 31.12.2008. 6. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]