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. 481 OF 2008 CRIMINAL APPLICATION NO. 481 OF 2008 CRIMINAL APPLICATION NO. 481 OF 2008 IN IN IN CRIMINAL APPEAL NO. 369 OF 2008 CRIMINAL APPEAL NO. 369 OF 2008 CRIMINAL APPEAL NO. 369 OF 2008 Raju Bhau Bhale ...Applicant (Orig.Accused) vs. The State of Maharashtra ...Respondent Mr.S.K. Shinde for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 19, 2008 DATED : NOVEMBER 19, 2008 DATED : NOVEMBER 19, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant. 2. The applicant has been convicted for the offence punishable under Section 307 of IPC and sentenced to suffer RI for 10 years. 3. Counsel for the applicant submits that the applicant is in jail from the date of the incident ie. from 6.6.2007. It is submitted that the Doctor who was examined by the prosecution has stated that the injury was possible as a result of fall. It is further submitted that it has come on record that the - 2 - complainant’s husband was under the influence of alcohol when the incident took place. 4. In my view, at this stage, it is not possible to release the accused on bail. The accused has been convicted for the offence punishable under Section 307 of the IPC. The injured has deposed that he was attacked with a pen knife by the accused. The Doctor has stated that the complainant’s husband had been operated as a result of the stab wound which he had received on his stomach. In my view, taking into consideration this evidence at this stage, it is not possible to grant bail to the applicant. 5. Applicant, however, is granted liberty to apply for bail after the period of six months if the appeal is not heard within six months from today. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)